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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.
Case review 12-06-2019
Following on from our August 2018 article 'Phoenix Healthcare – here we go again', judgment was handed down yesterday by the Court of Appeal.
We are very pleased to announce that we have boosted our offering in Chile by welcoming Chilean law firm Peralta & Gutiérrez into our Santiago office. The move consolidates our leading advisory and litigation teams locally.
Case review 05-06-2019
Following the recent judgment of the Supreme Court in Perry v Raleys [13.02.19], the question of standard of proof in loss of opportunity cases has troubled the court once again. The High Court has recently revisited the principles set down in Allied Maples Group Limited v Simmons and Simmons , and whether causation must be proven by a claimant on the balance of probabilities, or on a loss of a chance evaluation.
In our article of March 2018 we considered whether regulation of cryptocurrencies was on the horizon. The creation of a UK Cryptoassets Taskforce has brought this horizon closer into view, but this space remains unregulated in the UK - with some limited exceptions.
We are pleased to announce that financial lines specialists Maurice Pesso and Greg Steinberg have joined as partners in the US. The duo join from White and Williams LLP where they were partner and counsel respectively. Maurice Pesso will be based in our New Jersey office and Greg Steinberg in New York.