Of Some Interest: the discretionary power to award interest on damages
Arguments about interest on damages can be a ritual war dance. Claimants reflexively base their calculations on judgement rate of 8%, defendants on Base rate + 1 or 2%.
Dziugys v Ersan and Co: the Limits of Botched Litigation Claims
In Dziugys v Ersan and Co [2024] 434 (KB), the High Court rejected a claim for professional negligence against a solicitor arising from a failed personal injury action. Richard
Forced ADR Revisited
In the recent case of Churchill v Merthyr Tydfil [2023] EWCA 1416, the Court of Appeal revisited the vexed question of whether the court has the power to order
Insurers’ Liability for Insured’s Own Costs: The Court of Appeal’s Decision in RSA v Tughans
We previously commented on the judgment of Foxton J in RSA v Tughans [2022] EWHC 2589. This addressed the extent to which solicitors are entitled to an indemnity for
Conveyancing Solicitors in Buyer-Funded Developments: an SRA Prosecution Falls Flat
The Solicitor’s Disciplinary tribunal recently dismissed a prosecution of a conveyancing solicitor for alleged failure to give adequate advice to buyers of units in buyer-funded developments as having no
Compelling Parties to Mediate? Testing the Limits of ‘Encouragement’
Judgment was recently handed down in the case of Mills & Reeve Trust Corp v Martin and ors [2023] EWHC654, in which the Chancery Division revisited the vexed question
Case Note on Lewis v Cunningtons: Duties Owed by Matrimonial Solicitor to Unsophisticated Client
There have been a number of decisions in recent years in which solicitors have successfully defended professional indemnity claims on the basis that their retainers did not extend to
Discovery Land v Axis Specialty: the Dishonesty Exclusion in Solicitors’ Policies
In the recent case of Discovery Land and ors v Axis Specialty [2023] EWHC 779, the Commercial Court considered whether there was an ‘innocent principal’ for the purposes of
Promoting Contractor Competency with the CIRI by Mary Smith and Stephen Boyle dated 09 November 2022
Earlier this year a new law was introduced to strengthen the current arrangements in place for regulating building activity with a view to improving quality, competence and good practice
The Risk of Resting on your Laurels by Mary Smith dated 23 May 2022
Two years on from my last article concerning delays in litigation in the Irish courts, there have since been multiple judgments handed down in this area. This demonstrates a
