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Article 29/11/2019
Professions and Financial Lines Brief: latest decisions November 2019
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: loss of chance, the application of CPR rule 3.9, the scope of a solicitor’s duty, breach of the Quincecare duty, Section 51 Senior Courts Act 1981, extending the application of whistle-blowing protection to the judiciary and the amendment of claims when limitation is an issue.
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News 27/11/2019
Kennedys adds commercial litigation stars to rapidly growing Melbourne team
We are pleased to announce that highly regarded commercial litigation partner Jane Kupsch and senior associate Lucy Reade have joined our growing Melbourne office today. Both were formerly at Piper Alderman.
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Article 26/11/2019
SRA Guidance on the new SRA codes
The Solicitors Regulation Authority (SRA) has yesterday issued its long awaited guidance on “putting things right”. The new Codes contain two competing challenges; an absolute prohibition against acting in an own interest conflict and an obligation to put things right for clients when things go wrong.
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Case review 26/11/2019
Bankers beware: the Quincecare duty to query suspicious client requests
It is well established that a contract between a bank and its customer includes an implied term that the bank will use reasonable skill and care in and about executing a client’s instruction and will not execute instructions known to be dishonest or where there are reasonable grounds to believe that the instructions were given dishonestly. However, until recently, there was no reported case where this duty (known as the Quincecare duty) was found to have been breached.
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Case review 26/11/2019
High Court further clarifies solicitors’ duties to their clients – a welcome decision
Naqvi v Harris Cartier Ltd & Ors [15.11.19]. The High Court has provided further clarity in professional negligence claims against solicitors by confirming that it is not the role of the instructed legal professional to ‘seek out’ claims that had not been raised by the instructing party when full and detailed instructions had been given concerning the claims which were advanced, and which did not on their face support an alternative claim.
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Article 26/11/2019
The end of the age of the deference: the right to complain
Figures from The Royal Institute of British Architects (RIBA) suggest a growing trend towards disciplinary complaints. We previously considered why this trend exists. Here, we take a look at what steps to take when responding to a complaint.
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Case review 21/11/2019
Still no benefit of hindsight in professional negligence claims
Edwards v Hugh James Ford Simey. The Supreme Court confirmed the Court of Appeal’s decision that damages should be based on the evidence available at the material time. This principle is likely to be applicable to other professional negligence claims arising from broad brush compensation schemes or loss of chance claims where subsequent evidence comes to light, such as a loss of chance claim arising out of an employment tribunal where there are later regulatory proceedings against the individual.
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News 19/11/2019
Kennedys recognised by peers in The Times’ Best Law Firms 2020
We are very pleased to announce that we have been recognised as one of the ‘Best Law Firms’ in England and Wales for insurance in The Times’ Best Law Firms 2020.
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Article 15/11/2019
The new SRA Code - putting things right
The market is awash with commentators presently discussing the new Codes of Conduct for Solicitors and Firms; what they mean for practitioners and how they differ to the current regulatory regime.
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News 13/11/2019
Kennedys leads service satisfaction in London Market insurance law report
An independent and wide-ranging industry report that ranks insurance law firms across a variety of areas has seen Kennedys set the standard for service satisfaction levels.