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The proof of the pudding is in the eating

Published on 23 Nov 2016. By Catherine Percy, Partner

Insureds can have their cake but only if they eat it too

A new and better approach to claims against financial advisers?

Published on 03 Oct 2016. By Robert Morris, Partner

A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

Changing experts - a risky business

Published on 07 Sep 2016. By Alan Stone, Partner

The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.

Life sciences, August 2016

Published on 11 Aug 2016.

Here is our latest life sciences update. Read on for practical tips on the Insurance Act 2015, the implications of the NHS wading into the debate over diagnostic apps, how Brexit may affect medical regulations and impending litigation over fertility treatment. Some of these topics will be addressed in more detail in our next life sciences seminar on 20 September 2016. To register your interest, please email seminars@rpclegal.com.

Offer rejected by counter-offer - a cautionary tale

Published on 09 Aug 2016.

Non-Part 36 offer not capable of acceptance once rejected by a Part 36 counter offer

Product Liability Update August 2016

Published on 04 Aug 2016.

In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

Read with "interest" - Part 36 offers

Published on 04 Aug 2016.

In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?

Winning the battle but losing the war

Published on 22 Jul 2016.

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

Published on 06 Jul 2016.

The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

Costs - issue at your peril

Published on 12 May 2016.

A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.

Insurers liable to pay damages to insureds for late claims payment

Published on 12 May 2016.

For insurance policies entered into after 4 May 2017, insurers could be liable to policyholders for late payment of claims. It will be an automatically implied term of the policy that sums due from insurers must be paid within a reasonable time.

Accountants’ update

Published on 22 Mar 2016.

Welcome to RPC’s 2016 accountants’ bulletin. The aim of the bulletin is to review a number of key developments from 2015, and to give an insight on some of the current “hot topics” in this area.

Multiple adjudications - how many adjudicators?

Published on 11 Mar 2016.

Obtain consent or use different adjudicators

Group litigation in medical and life sciences

Published on 07 Mar 2016.

Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.

Supreme Court hurts employers on vicarious liability

Published on 07 Mar 2016.

Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)

Clarifying block notification feels ripples

Published on 03 Mar 2016.

Judgment in this case was handed down at the beginning of February 2016.

The Insurance Act – what are the five biggest changes to the current law?

Published on 01 Mar 2016.

James Wickes – a partner in our Insurance Group – tells us why it's very much in vogue to be an insurance lawyer these days.

Health and safety law update

Published on 01 Mar 2016.

HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident

Take priority but be reasonable

Published on 17 Feb 2016.

On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1

Adjudication - RMP Construction Services Ltd v Chalcroft Ltd

Published on 04 Feb 2016.

On 21 December 2015, Stuart-Smith J handed down his decision in RMP Construction Services Ltd v Chalcroft Ltd1 , an action for summary judgment in the Technology and Construction Court to enforce an Adjudicator’s decision.

Do receivers owe duties to bankrupt mortgagors?

Published on 27 Jan 2016.

The Court of Appeal has recently considered whether an LPA Receiver owes a duty of care to a bankrupt mortgagor in connection with the way the Receiver deals with the mortgaged property. In a decision which will be welcomed by Receivers and their insurers, the court decided that a Receiver owes no such duties.

UK flooding: the aftermath

Published on 26 Jan 2016.

As the flood waters subside and residents, businesses, insurers and public bodies survey the damage and pick up the pieces, thoughts will turn to what, if anything, could have been done differently to have prevented or minimised the damage caused.

Love thy neighbour but don't give them any advice!

Published on 22 Jan 2016.

The first TCC judgment of the year, Burgess & Burgess vs Lejonvarn [2016] EWHC 40 (TCC), is of particular interest to both architects and their insurers, as it discusses and distinguishes between a contractual relationship and one that gives rise to an assumption of responsibility in tort.

Annual Insurance Review 2015

Published on 08 Jan 2016.

There are no prizes for guessing the likely main insurance law event of 2016. The Insurance Act 2015 will come into force on 12 August 2016.

Cyber fraud - a new hope?

Published on 23 Nov 2015.

We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds (read our blog last February here).

New sentencing guideline for health and safety offences

Published on 13 Nov 2015.

In November 2014, the Sentencing Council began consulting on a draft guideline for health and safety offences, corporate manslaughter, and breach of food safety and hygiene regulations.

Is time up for claims against valuers?

Published on 29 Sep 2015.

Assessing the point at which a cause of action accrues in a claim against a valuer is a difficult task, not least because of the lack of judicial guidance on the issue.

General liability update

Published on 28 Sep 2015.

Defending a claim for breach of Occupiers’ duty – A bridge too far?

Insurance Act 2015

Published on 23 Sep 2015.

Amendment to include Law Commission’s proposals on damages for late payment of claims

VW emissions rigging scandal- Insurance exposure

Published on 23 Sep 2015.

Insurance exposures

Tianjin explosions leave insurers exposed to claims

Published on 21 Aug 2015.

On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.

Play nicely, children

Published on 17 Jul 2015.

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited , litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

Milton Furniture and Brit- clarifying attendance

Published on 13 Jul 2015.

Milton Furniture Limited v Brit Insurance

Getting to Level 2

Published on 03 Jun 2015.

What insurers should look out for in BIM project management

Flood Re and the impact on surveyors and valuers

Published on 02 Jun 2015.

The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.

Products update

Published on 27 May 2015.

News

Beyond night and day: Importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

Mesothelioma recoveries

Published on 26 May 2015.

Balancing the anomalies

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

Rise with RPC

FIG – The inclusive insurance network

ISDA Master Agreements

Published on 13 Jan 2025. By Jake Hardy, Partner and Simon Hart, Partner, Head of Commercial Disputes

Banking litigation partners Simon Hart and Jake Hardy discuss the world of ISDA Master Agreements, close out mechanics and a rather opaque investment bank wheeze involving counter hedging strategies, which counterparties miss at their financial peril.

Exclusive means exclusive: High Court decides that English courts have jurisdiction in Italian swaps dispute

Published on 03 Dec 2024. By Simon Hart, Partner, Head of Commercial Disputes and Tim Potts, Senior Associate

High Court implies contractual terms following LIBOR cessation

Published on 20 Nov 2024. By Daniel Hemming, Partner and Gill O'Regan, Senior Associate

The High Court has implied a term into a contract to the effect that where the contract specifies a calculation should be carried out by reference to LIBOR, where LIBOR is no longer published a reasonable alternative should be used.

D'Aloia – High Noon for Crypto-Tracing

Published on 17 Oct 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

The High Court judgment in D'Aloia v. Persons Unknown and others [2024] EWHC 2342 (Ch) is arguably the most significant crypto judgment of 2024. Critical deficiencies in the claimant's blockchain tracing analysis, evidence presented at trial and pleadings were ultimately fatal to his claims seeking to recover assets misappropriated by fraudsters.

Myth busting and moving the dial in DEI

Published on 20 Aug 2024. By Kelly Thomson, Partner, ESG Strategy Lead and Rachel Pears, Head of Responsible Business and Katie Horn, DEIB and Responsible Business Manager (Market Facing)

This article is a summary of a session delivered by Kelly Thomson (Partner, Employment, Engagement & Equality and ESG Strategy Lead at RPC) and Rachel Pears (Head of Responsible Business at RPC), at the second Annual D&I Conference, in partnership with the British Retail Consortium (BRC). During this particular session, common myths and misconceptions surrounding Diversity, Equity and Inclusion (DEI) were discussed and different sides of various issues were dissected, drawing out the nuances of seemingly polarised positional statements. Below, we address a handful of these myths, offering a balanced perspective on the complexities of DEI and exploring how to drive meaningful progress in our organisations.