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After years of relative calm and stability in the professional indemnity market and ahead of the traditional 1 December renewal, we look at whether recent developments suggest changes may be afoot in the solicitors' professional indemnity insurance (PII) market.
Case review 2020-11-10
Aggregation of client account thefts: a challenging first instance decision for primary layer insurers
On 28 October 2020, the High Court handed down summary judgment in the related proceedings of Baines v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box. The judgment is important for professional indemnity insurers as to aggregation in cases involving the theft of client monies.
We are pleased to announce that we have been recognised as one of the Best Law Firms in England and Wales for professional negligence in The Times' Best Law Firms 2021.
Kennedys is delighted to announce the appointment of financial lines specialist Emily Schneider as a partner in the firm’s Insurance group in Melbourne. Emily joins Kennedys from Barry.Nilsson, where she was a special counsel.
Case review 2020-11-03
Many professional negligence cases involve illegality of some form or another by a claimant. The most obvious examples are a borrower misrepresenting their income so as to procure a self certified loan (common in cases against solicitors and independent financial advisors); and claimants misrepresenting liabilities or “covering up” internal accounting irregularities (again common to solicitors cases but also audit claims).
In Spain, the liability for architects and engineers under a building project can be contractual (breach of contract), tortious, or statutory (such as the Spanish Building Contract Act).
Kennedys’ claims handling team has taken on its first two apprentices as part of the firm’s pioneering apprenticeship programme which began in 2012 and this year sees 11 new apprentices join the firm.
Case review 2020-10-14
Requirement for expert evidence in professional negligence cases upheld by the High Court in Ireland
The High Court in Ireland struck out this professional negligence claim against a defendant solicitor, in circumstances where the plaintiff failed to obtain expert evidence in support of his claim. The principles asserted by Mr Justice Meenan are equally as applicable in clinical negligence claims.
We are pleased to announce that the publication of the 2021 edition of The Legal 500 UK has seen us ranked as a ‘top-tier firm’ in nine practice areas.
Case review 2020-09-30
On 28 August 2020, the Court of Appeal handed down judgment in an appeal (AssetCo Plc v Grant Thornton UK LLP [28.08.20]) concerning the assessment of quantum in professional negligence claims against auditors.