Berufshaftpflicht /Fahrlässigkeit

Aktuelle eAlerts

•  

  28.06.2023

  United Kingdom

  Court of Appeal guidance: when do professionals owe duties to third parties?

  The Court of Appeal recently handed down their judgment in respect of claims by investors in certain tax schemes against the tax barrister, Andrew Thornhill KC. Mr Thornhill KC acted for the promoter of the schemes. The Court of Appeal found that he had not owed the investors a duty of care in providing his opinion to the promoter that the schemes were viable and would, if challenged, be found to be in compliance with relevant tax law requirements.As well as being of interest to the tax bar who are frequently called to give a view on the viability of prospective tax arrangements, the decision will...

  Mehr
•  

  30.03.2023

  Großbritannien

  FCA launches consultation: widening the door for SMEs’ access to the Financial Ombudsman Service

  The FCA has launched a call for input from individuals and businesses as to whether the threshold for small and medium sized enterprises (SMEs) to refer complaints to the Financial Ombudsman Services (FOS) should be increased. The deadline for undertaking the survey is 28 April 2023.BackgroundThe FOS is an independent tribunal for complaints against financial businesses regulated by the FCA. It an attractive option for complainants as it is a free and informal process which can be initiated online. As an alternative to pursuing a claim in the civil court, the FOS determines cases on what is “fair...

  Mehr
•  

  10.01.2023

  England and Wales

  Please release me - Court of Appeal clarifies how the scope of a settlement agreement will be construed

  The Court of Appeal has given guidance on the construction of a settlement agreement that is expressed to release claims unknown to either party at the date of settlement, confirming that claims in conspiracy (and fraud and dishonesty) were released even though the settlement agreement did not expressly mention such claims. Background Maranello Rosso Limited v Lohomij BV and others [2022] EWCA Civ 1667 concerned the sale by an auction house of a large collection of rare Ferraris, some of which were extremely valuable. The seller had purchased the collection using finance provided by Lohomij and...

  Mehr
•  

  21.10.2022

  Großbritannien

  High Court refuses to restrain city firm from acting against former client

  Solicitors are under a duty not to disclose any information in their possession which is confidential to a former client. Since the leading case of Prince Jefri Bolkiah v KPMG [1999] 2 AC 222, the judiciary has typically approached such potential former client conflict cases with cynicism as to the effectiveness of measures put in place to protect the former client’s information, and such cases are notoriously difficult for solicitors to win. However, the recent decision in The Bank of London Group Ltd v Simmons & Simmons LLP [2022] EWHC 2617 (Ch) shows that former clients do not have...

  Mehr
•  

  13.10.2022

  Großbritannien

  Protecting Surveyors Bulletin 9: Guidance on multi-storey residential valuations

  For the latest in our Protecting Surveyors series, we look at the latest draft Guidance Note on the Valuation of Properties in Multi-Storey, Multi-Occupancy Residential Buildings with Cladding, which the Royal Institute of Chartered Surveyors (RICS) opened for public consultation on 3 October 2022. The consultation will close on 31 October 2022, and the provisional date for the implementation of the guidance is 1 December 2022. What is the purpose of the guidance? With uncertainty around fire safety, defective materials and who would be responsible to cover any remediation works, it has been difficult...

  Mehr
•  

  17.05.2022

  Großbritannien

  Fire safety claims: the court upholds pleading standards to be applied in professional negligence claims

  In a claim alleging defects in cladding to the external walls of a property, a defendant architect has successfully applied for further information on the claim in negligence against it. The application decision in Evolve Housing and Support v Bouygues (U.K.) Ltd & Ors [2022] EWHC 906 (TCC) confirms that the court will require proper particulars of negligence against construction professionals in fire safety claims and it will order further information if the case is not properly pleaded. Background The claim arises out of the construction of a new YMCA hostel, known as Alexandra House, in...

  Mehr