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Sustainable conclusions: the consequences of failing to foresee material matters until trial
  • 1 Chancery Lane
  • United Kingdom
  • March 16 2017

In the second of my two short articles reviewing some recent Court of Appeal authorities in the field of professional negligence (the first can be

Personal Injury - Further fundamental dishonesty guidance
  • Clyde & Co LLP
  • United Kingdom
  • August 17 2016

The Court of Appeal has confirmed a recent lower court ruling that failing to prove a case does not mean the claimant was dishonest and loses QOCS

Insurance fraud: when settlements can be overturned
  • Shoosmiths LLP
  • United Kingdom
  • August 10 2016

The Supreme Court has set aside a settlement entered into by defendant liability insurers, despite the fact that the insurers had suspected that the

Court of Appeal finds judge was wrong to exclude one claimant from court while the other claimant gave evidence
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 20 2016

The Court of Appeal found that a judge had been wrong to make an order excluding one claimant from court while the other claimant gave evidence

Mis-selling - no duty to advise on onerous terms - Finch v Lloyds TSB Bank Plc
  • DLA Piper
  • United Kingdom
  • July 12 2016

Following a long line of recent successes for banks in mis-selling cases, there has now been another significant success, this time for Lloyds Bank

Courts bare their teeth on environmental sentencing
  • DLA Piper
  • United Kingdom
  • July 11 2016

There has been further evidence recently that the Environmental Sentencing Guidelines will lead to the court's flexing their muscles more when it

UK: Court admits Air Accident report as evidence in civil negligence proceedings
  • Locke Lord LLP
  • United Kingdom
  • July 15 2013

The High Court has ruled that a report into a fatal plane crash produced by the Air Accident Investigation Branch (AAIB) is admissible as evidence in

Is the past a foreign country? Similar fact evidence in professional negligence claims
  • 1 Chancery Lane
  • United Kingdom
  • April 29 2013

Is a claimant entitled to disclosure of previous claims or complaints against a professional on the basis evidence of past transactions show a

Court of Appeal rules that identity of employees making money laundering reports can be redacted when disclosing documents in Shah and another v HSBC Private Bank (UK) Limited 2011 EWCA Civ 1154
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 17 2011

The case concerns an interim application regarding the disclosure of documents by HSBC, in the context of proceedings brought by Mr Shah and his wife against HSBC seeking damages for breaches of duty and failure to follow his instructions to process transactions whilst the bank’s requests for consent under the Proceeds of Crime Act 2002 (POCA) were pending with the Serious Organised Crime Agency (SOCA).

Liability of expert witnesses post Jones v Kaney
  • Fenwick Elliott Solicitors
  • United Kingdom
  • November 15 2011

Prior to March 2011 expert professionals enjoyed a partial immunity from negligence actions in circumstances where they were acting as expert witnesses.