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Professions and Financial Lines Brief: latest decisions July 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: limitation and accrual of action, strike out applications, avoidance and non-disclosure (of material facts), SIPP advice from unregulated introducers and fraudulent and wrongful trading of directors.
Case review 12/05/2021
Kennedys strike out £58 million conspiracy claim
The Commercial Court has struck out a £58m unlawful means conspiracy claim against Teacher Stern LLP, Primekings Holding Limited (Primekings) and Paul Downes QC.
Case review 30/10/2019
Supreme Court unanimously concludes that insurers were not liable to pay the uninsured claimants’ costs
Today, the Supreme Court has sensibly overturned the decisions of the lower courts in Travelers in concluding that Travelers’ conduct did not cross the line into ‘unjustified intermeddling’ (per TGA Chapman Limited v Christopher ) in litigation to which it was not a party.
Case review 14/01/2019
Judgment applies reciprocity test, holding liability insurer liable to pay claimants’ costs under s.51 Senior Courts Act
In the first significant decision concerning s.51 Senior Courts Act 1981 since the Court of Appeal handed down judgment in May 2018 in Travelers Insurance Company Limited v XYZ, Mr Justice Foskett has applied the “principle of reciprocity” established in XYZ in directing that a liability insurer should pay Claimants’ costs as a third party funder.
Case review 01/10/2018
Dreamvar: conveyancers – trust no-one
The first lesson to take away from Dreamvar is that when acting for a seller, it is imperative to ensure that adequate and appropriate proof of identity and ownership is obtained, and moreover to use best endeavours to ascertain whether such proof is genuine.
GDPR – transparency and honesty are key
GDPR has taken the world by storm since they came into force at the end of May. We have set out a summary of the key changes and recommendations to avoid falling foul of the regulations.