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Case review 2021-07-28
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 2021-07-12
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
Article 2021-07-09
The UK’s anticipated welcoming back by the EU into the Lugano Convention came to an abrupt halt on 4 May 2021. Following assessment of the UK’s application to accede to the 2007 Convention, the EU Commission officially recommended to the European Parliament that the EU should not give consent for UK accession. While the Council of the European Union have the final say, it is believed that the Commission's formal answer was sent to the Swiss Government (guarantors of the Convention) on 23 June, thereby sealing the deal.
Case review 2021-07-01
The Supreme Court recently gave judgment in the Manchester Building Society appeal against the decisions of the High Court and Court of Appeal which had prevented MBS from recovering damages sustained as a result of having to break interest rate swaps, purchased on the basis of negligent advice provided by its auditors, Grant Thornton.
Case review 2021-06-30
The Court of Appeal dismissed the appeal of Zurich Insurance PLC on the basis that Niramax’s material non-disclosure was not an “efficient cause” of Zurich providing different policy terms. It was not enough for Zurich to show that less onerous terms would have been imposed but for Niramax’s non-disclosure.
Article 2021-06-30
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.
News 2021-06-21
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
Article 2021-06-15
Ambitious proposals contained in a recent tripartite paper by the Department of Justice, the Office of the Lord Chief Justice, and the Northern Ireland Courts and Tribunal Service, have revealed plans for significant investment in the Northern Ireland justice system.
Article 2021-06-09
The highly anticipated Lacrosse Appeal judgment was handed down in early 2021 providing some guidance for construction professionals around the requisite standard of care and the availability (or, more accurately, the unavailability) of the peer professional opinion defence for building surveyors responding to claims arising from the use of combustible cladding in Australia.
Article 2021-06-08
This year’s Queen’s Speech outlined the UK Government’s plan to 'level up' opportunities across all parts of the UK, supporting jobs, businesses and economic growth, and addressing the impact of the pandemic on public services.
