Professional Indemnity/ Negligence

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Recent Articles

  •  
    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...
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  •  
    21.10.2022
    United Kingdom

    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...
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  •  
    13.10.2022
    United Kingdom

    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    For the latest in our Protecting Surveyors series, we look at the latest draft Guidance Note on the Valuation of Properties in Multi-Storey, Multi-Occupancy Residential Buildings with Cladding, which the Royal Institute of Chartered Surveyors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...
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  •  
    17.05.2022
    United Kingdom

    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...
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  •  
    13.04.2022
    England and Wales

    Six­teenth edi­tion of the Ju­di­cial Col­lege Guidelines – what’s new?

    On 11 April 2022, the Judicial College Guidelines (JCG) 16th Edition was published, superseding the 15th Edition, which was published on 26th November 2019. The Guidelines are the go-to tool for litigators and courts when assessing the value of General Damages in personal injury and clinical negligence claims. The Guidelines are based on damages figures awarded by the Courts and set out, in brackets, the recommended general damages sum for different types of injuries, alongside a short narrative which indicates the factors practitioners should consider, when determining which bracket best applies...
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  •  
    28.03.2022
    Italy

    Itali­an court re­cog­nises ret­ro­act­ive ex­emp­tion on di­vidends to for­eign in­vest­ment funds

    In judgment No. 49/2022, the first instance Court of Pescara recognised that distribution of pidends from a resident company to a non-resident fund must be granted with an exemption regime from the Italian taxation authority. In particular, the decision of the Tax Court is based on recognition that in the years 2014, 2015 and 2016, subject to judgment, the Italian taxation regime for foreign funds was in contrast with the principles of free movement of capital (provided for by articles 63 and 49 of the TFEU), chiefly because exemption was granted only for receiving resident funds. On 1 January...
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