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Article 03/30/2021
Lacrosse appeal: widely accepted professional practice can be negligent
On 26 March 2021, the Victorian Court of Appeal handed down its highly anticipated judgment in the construction consultants’ appeal of the 2019 Lacrosse decision.
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Article 03/30/2021
Lacrosse appeal: Who is responsible?
The facts of the Lacrosse case are well known. In November 2014, a late night cigarette discarded on a balcony of the 21-storey Lacrosse building in Docklands, Victoria, ignited a fire that spread to the external cladding, resulting in excess of A$12 million in damage.
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Article 03/19/2021
Professions and Financial Lines Brief: latest decisions March 2021
In this briefing, we consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products. Issues covered include: the treatment of reliance and affirmation in strike out applications, limitation and the true date of loss, fundamental defects that render the appointment of administrators void, clarifying further the “Quincecare” duty, when a professional’s duty extends to the provision of both advice and information, when a court should exercise its discretion in requiring a claimant to provide security for costs, defining an abuse of process in strike out applications and determining the burden to discharge when securing an order for public examination of a company director.
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Case review 03/18/2021
The buck stops here: the limits of bankers’ Quincecare duty for push payment fraud
Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] concerned a couple, the victims of a “push payment” fraud, who were unable to recover damages from their bank for failing to prevent the payment of substantial sums to the fraudster.
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Article 03/18/2021
Professions and Financial Lines Brief March 2021: cyber insights
A roundup of recent global cyber-related developments, including the introduction of mandatory data breach notification requirements in Singapore, the digitisation of insured businesses and resulting risks to insurers, the Bermuda Cyber Underwriting Report, corporate forum shopping for favourable data protection laws and the New York launch of the Cyber Insurance Risk Framework.
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Case review 03/12/2021
An unusual approach to an unusual surveyor’s negligence case
The Court of Appeal decision in Hart & Anor v Large [15.01.21] serves as a useful reminder of a surveyor’s duties when reporting on a newly-constructed (or redeveloped) property and the approach the court will take to the losses claimed.
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Article 03/01/2021
Flagging the limits on duty of care
Insurers will welcome a recent decision in Uralkali v Rowley [2020] relating to the sale of a Formula One racing team that a professional’s duty of care did not protect a losing bidder.
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Article 02/23/2021
Brexit: the new status quo
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
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Case review 02/22/2021
The renewing of summons in Ireland – the proper legal test and takeaways for solicitors
Murphy v HSE, a recent Court of Appeal decision, confirmed the correct legal test for the renewal of a Summons under Order 8 RSC, whereby it is now sufficient for the plaintiff to demonstrate “special circumstances” to justify the renewal.
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News 02/18/2021
Kennedys strengthens financial lines team in Latin America and Caribbean with key hire