The dangers of a contested application to amend particulars of claim were highlighted in the recent case of Ward v Associated Newspapers Ltd. This case offers a helpful reminder for practitioners to carefully consider the extent to which it is reasonable to spend time and resources on contested interlocutory applications.
In a recent judgment, the Solicitors Regulation Authority (SRA) failed to recover £354,000 from a solicitor in intervention costs in what is an important ruling when considering the use of res judicata and abuse of process. Mr Hugh Sims QC, sitting as a deputy High Court judge in The Law Society v Dua and another was … Continue reading Res judicata and abuse of process challenges involving third parties
The defence of illegality has long been considered available to negligent practitioners where an underlying fraud has been committed by their clients, but the courts have shown they are no longer willing to let lawyers or their insurers use it as a get out of jail free card. In a unanimous judgment handed down by … Continue reading Supreme Court weighs in on fraud tainted negligence claims
Many of us are aware of the ongoing litigation in the Financial Conduct Authority‘s (FCA) business interruption (BI) insurance test case (FCA v Arch Insurance (UK) Ltd and others). But what are the next steps for this fundamentally important case for thousands of businesses across the UK, and what are the potential implications of the … Continue reading Implications of recent developments in the FCA test case
The decision in Stanley v London Borough of Tower Hamlets arose out of circumstances at a very specific point in time that may not be exactly replicated. The claimant attempted to effect service on the defendant just two days after the national lockdown was announced. Businesses across the country had to adapt to an unprecedented … Continue reading Service in the time of a pandemic: Stanley v London Borough of Tower Hamlets