by Helen Evans, Ben Smiley, Pippa Manby and Ian McDonald
The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows:
- The practical consequences of the broad policy-based test laid down in recent years to determine when a claimant’s claim is “tainted” by his wrongdoing;
- When it is an abuse of process to attack the outcome of previous proceedings in a subsequent claim;
- Challenges posed by the separate legal personalities of a company and its shareholders, creditors or other associates;
- The need for more certainty in the area of vicarious liability; and
- The extent to which the filtering mechanism based on scope of duty can cut down damages in a claim framed in breach of fiduciary duty rather than negligence.
In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.
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