2016
Court of Appeal decision on remoteness of damage in solicitors’ professional indemnity case
Damages against a firm of solicitors was reduced from £2,040,000 to £40,000 when the Court of Appeal applied the contractual (not the tortious) test for recoverability of damages, so illustrating the…
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Courts demonstrate a reluctance to extend the concept of vicarious liability in two important decisions in the High Court and Court of Appeal
Following on from the Supreme Court’s decision earlier this year in Mohamud v WM Morrison Supermarkets Plc (see DWF update) the High Court and the Court of Appeal have introduced some balance to the…
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Department for Transport publishes Vnuk consultation on options for amending domestic insurance law
Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…
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Jackson in Action: case law
In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:
Read moreLooking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Scotland this month and looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
Read moreA "Holistic" Approach to Defect under the Consumer Protection Act 1987
On 6 December 2016, in Wilkes v DePuy International Limited, the High Court gave judgment on the question of ‘defect’ in relation to metal-on-metal hip prostheses, managed under a group litigation…
Read moreNovember portal data shows raised monthly claims volumes set against ongoing longer term trends of decreasing volumes but inflationary damages levels
Release of November’s MI by Claims Portal Limited allows an up to date assessment of market trends in relation to the high volume claims arena.
Read moreRemoval of 3 year limitation period for historic abuse claims
A Bill to remove the three-year time limit that applies to childhood abuse claims in Scotland was laid down on 17th November. View bill >
Read moreSolicitors' professional indemnity - revisiting the "dishonesty exclusion"
A common scenario facing the professional indemnity insurers of solicitors is where fraud has been committed by one partner, giving rise to a claim against the Insured firm, but the other partner or…
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