Focus On…Professional Liability

Throughout recent months, the Hardwicke Professional Liability team has continued to produce articles aimed at assisting those operating in this area. In case you missed any of these, just click on the links below:

• The recent case of Large v Hart was analysed by James Hall.  This is one of the few cases of negligence in relation to Homebuyers’ Reports and also provides qualifications to the SAAMCo doctrine.
• Martyn Griffiths looked, from a professional negligence point of view, at Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another.
• Colm Nugent looked at defending an expert from an adverse costs order application having been successful in so doing.
• Rob Hammond examined The illegality defence clarified: Stoffel and Co v Grondona.  His article focuses on its interest for those involved in personal negligence claims.
• James Hall reviewed Assetco v GT: a chink in SAAMCo’s armour?  And a lost chance to sort out loss of chance?
• Oliver Hyams analysed the recent Franked Investment Income Group litigation [2020] UKSC 47 and mistaken payments and mistakes of law under the Limitation Act 1980.
• Misuse of directors’ loan accounts was the topic of Michael Maris‘ piece on Re Saint George Investment Holdings [2020] EWHC 2965 (Ch).
• The new rules on witness statements were reviewed by Gemma Witherington (also a DDJ and Civil Recorder).  This important topic is also being covered by an online Hardwicke event (see below).
• The Pallett v MGN Ltd case was a significant decision in relation to Part 36 case law.  Colm Nugent analysed the consequences.
• William Golightly and Tom Bell had a look at Libyan Investment Authority v King which looked at amendments to add/substitute an otherwise time-barred new claim.
• William and Tom also reviewed HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) and the role of statements of case and lists of issues for disclosure in applications to vary disclosure orders.

We continue to host a varied programme of online events.  The majority of these are following our #HardwickeBrew format (a 30 minute online interactive discussion hosted by a panel of our members).  Our events also include our popular J2J programme aimed at junior lawyers or those wanting to brush up in a particular area.

Those coming up include:

• • 30th March – Witness Statements in Proceedings in the Business & Property Courts
  • 1st April – #HardwickeBrew: Property Professionals
  • 12th April –  #HardwickeBrew: Accountants’ negligence
  • 14th April – J2J commercial series: nominee shareholders, directors’ duties

You can sign up to any of these by either following the requisite link or emailing events@hardwicke.co.uk.

Recent topics covered have included:

• When insolvency strikes – the professional negligence lawyers’ survival guide
• Construction professionals, Covid and the Third Party (Rights against Insurers) Act 2010
• The A to Z of a Solicitors Act claim
• Choice of law clauses
• What Brexit means for litigators
• Restraint of trade

We also have a full programme of events in our other practice areas – construction, private client, property and clinical negligence/PI.

If you would like to access our library of recorded content, please click here.  Of particular interest for those involved in professional negligence claims is Colm Nugent and Aneurin Moloney’s discussion of the liability of experts for wasted legal costs in the light of recent case law.

The team covers all aspects of Professional Liability including:

• Clinical Negligence & Personal Injury
• Financial Professionals, Insolvency Professionals, Directors & Officers
• Legal Professionals
• Property & Construction Professionals

You can find out more about each area by going to the Professional Liability page on our website.

If you would like to discuss a possible instruction, please contact the Practice Management Team.

There is also a dedicated suite of useful information and documentation on our Covid-19 Hub.

If you are reading this but not yet signed up to receive our mailings, please do sign up here.