Banks accused of negligent advice and breach of their duty of care in making a loan involving interest rate swaps to a customer have been told they have no case to answer. The case highlights how a ‘basis clause’ in…read more
Decision underlines that a loss must be suffered in negligence cases
A super yacht broke down 12 miles out at sea just one hour after it was bought by a wealthy purchaser. The new owner was unable to recover the cost of repairs against the seller and sued his solicitors for…read more
Loss must be proved in negligence cases
Professional firms can defend themselves against claims of negligence if their client has not suffered a loss as a result. A spotlight was shone on the basic legal principle of ‘causation’ in a recent case heard in the Court of…read more
New insurance bill brings clarity to presentation of risk
Professional firms can defend themselves against claims of negligence if their client has not suffered a loss as a result. A spotlight was shone on the basic legal principle of ‘causation’ in a recent case heard in the Court of…read more
Professionals must stick to strict deadlines in negligence cases warns Brunel
Professionals defending negligence claims must work closely with their solicitors to ensure that they keep to strict court timetables. Missing deadlines for filing budgets or failing to comply with court orders could put their defence at a serious disadvantage say…read more
“Everyone else was doing it” is no defence against professional liability
Blindly following ‘normal practice’ without considering the risks involved is no defence against an accusation of professional negligence. Perhaps surprisingly, the fact that other professionals with similar experience and resources may have followed the same course of action does not…read more
Relief as Court of Appeal rules on professionals’ duty of care
Professionals can breathe a sigh of relief after the Court of Appeal ruled in favour of an accountant accused of failing to provide specialist tax advice. The ruling overturned an earlier High Court decision that the accountant was liable as…read more
Limiting liability for negligence
Many professional firms seek to limit their liability for negligence by including exclusion clauses in their contracts. These clauses can be effective in protecting firms, but they need to be carefully worded to ensure that they will be enforced by…read more
Brunel anticipates strong growth in cyber-liability insurance
Eight per cent of business premises experienced at least one type of online crime during the past 12 months according to a Review of Evidence gathered by The Home Office. The report also highlights that the costs of cyber crime…read more
ABI warns MPs about pension guidance regime
Pension providers must ask applicants questions about matters that could materially affect the value of their pensions the Association of British Insurers (ABI) has told MPs. These include information about financial dependants, health and inflation risk.The Pension Scheme Bill public…read more
