Further to the ‘leapfrog’ applications for appeal filed by the FCA and 6 insurers in October, the Supreme Court has now granted the applications, and listed the matter to be heard from 16-19 November 2020. Link to full article https://www.fenchurchlaw.co.uk/covid-19-bi-update-supreme-court-to-hear-appeal-on-16-19-november-2020/
Professional Negligence News
Solicitors liable even if claimant acted illegally – Supreme Court decision of 30 October 2020 in Stoffel & Co. v Grondona
The background facts arise from the purchase by Ms Maria Grondona from Mr CL Mitchell of a flat with the benefit of a mortgage from Birmingham Midshires in October 2002. ‘The mortgage advance was procured by fraud. The respondent dishonestly misrepresented on the mortgage application form that the sale from Mitchell to the respondent was
Guideline Hourly Rates (GHR) report 2020 – Professional Negligence Lawyers Association
PNLA Members are invited to respond to the Civil Justice Council with data about the hourly rates awarded at detailed assessments or otherwise claimed or agreed. The invitation email from Mr Justice Stewart of 28 August 2020 is set out in full below. Please feel free to share this email with your members/colleagues to enable
Marex Supreme Court Judgment on the rule against ‘reflective loss’ handed down 15 July 2020
Sevilleja v Marex Financial Ltd [2020] UKSC 31 (15 July 2020) https://www.supremecourt.uk/cases/uksc-2018-0178.html Press summary from the Supreme Court 15 July 2020 Sevilleja (Respondent) v Marex Financial Ltd (Appellant) [2020] UKSC 31 On appeal from [2018] EWCA Civ 1468 JUSTICES: Lady Hale, Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Kitchin, Lord Sales BACKGROUND TO
Risk of fraud heightened by aspects of current working life – Checks & Balances are critical in the Covid-19 Era – by Phil Crooks Managing Director of BRG
The severe economic and social impacts of CODID-19 have increased the likelihood of fraud in relation not just to government assistance schemes where false claims could be made, but also the risks faced by companies and other organisations that may be subject to fraud as a result of the new working environment. Read more here
Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency 7 May 2020
The Government says: ‘It is recognised in particular that disputes, especially a “plethora of disputes”, can be destructive to good contractual outcomes and the effective operation of markets. Further to paragraphs 15(m) and 15(n), the Government would strongly encourage parties to seek to resolve any emerging contractual issues responsibly – through negotiation, mediation or other
FCA Takes the Lead: Fenchurch Law Covid-19 Business Interruption Briefing Note 5 April 2020 by Aaron Le Marquer
Since the designation of COVID-19 as a notifiable disease in England on 5 March, and the subsequent ratcheting of measures to slow the spread of the disease, business owners large and small have incurred catastrophic losses which, for the time being, continue to mount up on a daily basis. Those with business interruption insurance have
Vicarious Liability: whose liability is it anyway? AMANDA SAVAGE QC AND NICHOLAS BROOMFIELD | 20 Apr 2020
In a detailed article here Amanda Savage QC and Nick Broomfield consider how modern developments in the law of vicarious liability have affected Limb 1 when applied to persons outside of the employer/employee relationship and Limb 2 more generally, before discussing the effect of the Supreme Court’s judgments in Barclays and Morrison Supermarkets.
Coronavirus: Talks ongoing over wills witness requirements
The Law Society and the Ministry of Justice are discussing ways to deformalise the signing of wills and to make it quicker to register for lasting powers of attorney. Currently a will must be signed by the testator and two independent witnesses. Link to Law Society Gazette Article