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Article 24/09/2021
In this briefing, we consider the latest court decisions relating to aggregation of dishonesty claims, unregulated introducers, breach of confidentiality and misuse of private information, undertakings, director’s fiduciary duties, the rule against reflective loss and limitation.
Article 23/09/2021
Nearly four years have passed since the Grenfell tragedy and the impact continues to reverberate around the construction industry. Claims relating to defective cladding, insulation and cavity barriers have become depressingly commonplace. But one area where we are seeing an increasing focus is claims relating to mechanical and engineering services.
Article 13/09/2021
It will not come as a shock to most that climate change and climate action is at the forefront of the national agenda. The recently published Intergovernmental Panel on Climate Change report provided a stark warning as to the possible consequences of climate change, should action not be taken without delay.
Case review 27/08/2021
Between 2010 and 2014, two unregulated pension introducers, Avacade Limited (in liquidation) and Alexandra Associates (UK) Limited, and their directors, contacted retail customers and promoted self-invested personal pensions (SIPPs). These discussions resulted in those consumers transferring existing pension funds into SIPPs and then into high-risk and, arguably unsuitable investments, such as tree plantations in Costa Rica and bonds relating to property developments in the US and Brazil.
Article 25/08/2021
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
Case review 16/08/2021
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.
Case review 16/08/2021
The Supreme Court recently upheld the Court of Appeal ruling that where a cause of action accrues at midnight, the whole day after midnight should be included when calculating time for limitation purposes.
Article 11/08/2021
Climate change and environmental catastrophes are now a common theme in daily news. The much publicised report on climate change from the Intergovernmental Panel on Climate Change has suggested that we are closer to the environmental point of no return than leading scientists had previously contemplated, with human activity changing the climate in unprecedented and irreversible ways.
Case review 28/07/2021
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.
News 12/07/2021
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
