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Case review 18-09-2019
For many years, the courts of England and Wales have not had a chance to consider the role and responsibilities of Approved Inspectors.
The problems faced by some purchasers of leasehold interests continue, due to the existence of onerous ground rent clauses.
We are delighted to announce that we have strengthened our domestic network by establishing a base in Bristol, which becomes our eleventh office in the UK and 38th globally.
We are pleased to announce that we have enhanced our professional liability capabilities with the appointment of four partners and two associates across three of our UK offices.
The rules surrounding commercial disputes in Northern Ireland (NI) are going through a period of significant change. This principally involves the creation of a specialist court with new case management rules aimed at resolving cases more quickly and cost-effectively, as well as improving commercial clients’ general experience of the litigation process.
On 7 May 2019, the Solicitors Disciplinary Tribunal applied to the Legal Services Board for approval to alter its rules, to allow it to decide cases on the civil standard of proof. If it is successful, solicitors facing future misconduct charges will have their cases assessed according to the arguably less stringent balance of probabilities, rather than beyond reasonable doubt (the standard of proof adopted by the criminal courts) which is currently applied.
What a week it has been. England have won the Cricket World Cup, and both Marriott and British Airways have been hit for six by the ICO. It’s fair to say that both the England team and the ICO have upped their game.
Case review 11-07-2019
The recent decision of AIG Australia Limited v Kaboko Mining Limited [14.06.19] confirms that an insolvency exclusion in a directors’ and officers’ (D&O) policy will not automatically apply to claims against former directors of an insolvent company.
The ICO has threatened British Airways with a record £183.4 million fine under the GDPR, following a well-publicised Magecart attack last year.
Kennedys’ Christopher Butler and Lee Cooper, together with Paul Cowan and Simon Hale of 4 New Square, have recently successfully represented a party in the defence of ‘post-Grenfell’ cladding claims relating to the exterior cladding of high rise buildings, and the compliance (or otherwise) of those cladding systems (panel and insulation) with the relevant building regulations in force at that time.