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Article 03/30/2021
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.
Article 03/30/2021
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.
Article 03/19/2021
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.
Case review 03/18/2021
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.
Article 03/18/2021
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.
Case review 03/12/2021
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.
Article 03/01/2021
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.
Article 02/23/2021
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.
Case review 02/22/2021
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.
News 02/18/2021
