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Article 17/08/2022
Duty calls, or does it?
The claimants, special purpose vehicles for the development of high-value prime residential property developments in London, retained Withers to act on their acquisitions of two high-value Grade II listed properties in Fulham.
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Article 02/02/2022
Spire v RSA: an ‘aggregate win’ for RSA
In Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [11.01.22], the Court of Appeal overturned a decision not to aggregate two sets of medical negligence claims. The court concluded that the first instance Judge incorrectly focussed on differences between the two and should, instead, have searched for a factor which unified them.
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News 06/09/2021
Record promotion round at Kennedys as new legal director role introduced
We are pleased to announce we have promoted 86 associates to senior associate and introduced a new legal director role, with 44 legal directors and 2 special counsel also promoted.
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Case review 16/08/2021
Aggregation of dishonesty claims against solicitors – a warning to the primary market
Following our case review of the first instance decision in this matter, the UK Court of Appeal handed down its decision last week, which will be a cause for concern for the solicitors’ primary market.
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Case review 28/07/2021
Supreme Court warns on enforceability of solicitors’ undertakings given by incorporated legal practices
Last week, the Supreme Court handed down judgment in Harcus Sinclair LLP (Harcus Sinclair) v Your Lawyers Ltd (Your Lawyers) [23.07.21], allowing Your Lawyers’ appeal against a decision of the Court of Appeal that the non-compete clause within a non-disclosure agreement between them was unreasonable as a restraint of trade. The decision clarified the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint.
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Article 30/09/2020
Professions and Financial Lines Brief: latest decisions September 2020
We consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products.
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Article 07/08/2020
Solicitors Liability: latest decisions August 2020
The last few months have seen a run of cases relevant to solicitors liability issues which we digest in this article.
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Article 14/04/2020
Home working and data loss – a cautionary tale from the Solicitors Disciplinary Tribunal
The Solicitors Disciplinary Tribunal (SDT) handed down judgment in a sad case last week which may strike a chord with many of us who are working at home, possibly with hard copy confidential papers.
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Article 26/11/2019
SRA Guidance on the new SRA codes
The Solicitors Regulation Authority (SRA) has yesterday issued its long awaited guidance on “putting things right”. The new Codes contain two competing challenges; an absolute prohibition against acting in an own interest conflict and an obligation to put things right for clients when things go wrong.
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Case review 26/11/2019
High Court further clarifies solicitors’ duties to their clients – a welcome decision
Naqvi v Harris Cartier Ltd & Ors [15.11.19]. The High Court has provided further clarity in professional negligence claims against solicitors by confirming that it is not the role of the instructed legal professional to ‘seek out’ claims that had not been raised by the instructing party when full and detailed instructions had been given concerning the claims which were advanced, and which did not on their face support an alternative claim.