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Case review 08/10/2019
Piercing the privilege: beneficiaries’ right to obtain legal advice provided to a trustee
In a dispute between a beneficiary and a trustee, access to legal advice received by the trustee can be of paramount importance to the beneficiary’s efforts to impeach the trustee’s conduct.
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Article 19/09/2019
Professions and Financial Lines Brief: latest decisions September 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: heads of terms in mediation; Approved Inspectors’ duties; limitation periods; jurisdiction disputes; business transfer schemes; insolvency exclusions; Ponzi schemes; and solicitors’ duty to point out procedural irregularities.
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Article 19/09/2019
Cryptoassets: FCA publishes Guidance on regulation of cryptoassets
The Financial Conduct Authority (FCA) has recently issued its Final Guidance on Cryptoassets (Guidance PS19/22) to clarify which cryptoassets fall within the UK regulatory perimeter, and in doing so has identified a new category of cryptoasset.
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Case review 18/09/2019
Approved Inspectors: risks, liabilities and the future
For many years, the courts of England and Wales have not had a chance to consider the role and responsibilities of Approved Inspectors.
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Article 13/09/2019
Leasehold scandal: defending “ground rent” claims against solicitors
The problems faced by some purchasers of leasehold interests continue, due to the existence of onerous ground rent clauses.
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News 12/09/2019
Kennedys strengthens UK presence with Bristol opening
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.
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News 10/09/2019
Kennedys urges ICO to improve data-sharing guidance
We have told the Information Commissioner’s Office (ICO) that the draft code of practice on how organisations can lawfully share personal data is too generic and needs to reflect the real world.
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News 02/09/2019
Kennedys strengthens professional liability practice with four partner hire
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.
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Article 23/08/2019
New Commercial Hub introduces a more efficient disputes system in Northern Ireland
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.
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Article 19/08/2019
Standard of proof change for misconduct charges against solicitors
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.