Category: indemnities

The High Court in “XING ZHI HAI” assesses the undisclosed principal doctrine in the context of letters of indemnity – 33 Bedford Row

Posted October 16th, 2024 in chambers articles, indemnities, jurisdiction, news, shipping law by tracey

‘Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm). The judgment of Christopher Hancock KC, handed down on 18 September 2024, concerns three letters of indemnity (“LOIs”) provided in the absence of bills of lading, whose alleged lawful holders subsequently made mis-delivery claims against Owners.’

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33 Bedford Row, 10th October 2024

Source: www.33bedfordrow.co.uk

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 – Falcon Chambers

Posted July 29th, 2024 in chambers articles, contracts, costs, indemnities, interpretation, loans, news, penalties by sally

‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’

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Falcon Chambers, 4th July 2024

Source: www.falcon-chambers.com

Firm showed a ‘lackadaisical’ approach to breach of contract – Law Society’s Gazette

Posted June 17th, 2024 in contracts, costs, indemnities, law firms, news, solicitors, wasted costs orders by tracey

‘A Slough firm is facing a wasted costs order after it showed a “lackadaisical” approach to a breach of contract claim it was instructed in, a court has heard.’

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Law Society's Gazette, 17th June 2024

Source: www.lawgazette.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

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Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

New Acts – legislation.gov.uk

Posted May 4th, 2023 in indemnities, legislation, pensions by tracey

2023 c. 14 – Pensions Dashboards (Prohibition of Indemnification) Act 2023

Source: www.legislation.gov.uk

Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers

Posted April 14th, 2023 in chambers articles, costs, fraud, indemnities, news by sally

‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’

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Littleton Chambers, 7th March 2023

Source: littletonchambers.com

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts – Practical Law: Construction Blog

Posted January 13th, 2023 in construction industry, contracts, drafting, hospitals, indemnities, news by tracey

‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’

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Practical Law: Construction Blog , 12th January 2023

Source: constructionblog.practicallaw.com

Government claims more than £130 million after suing pandemic gown supplier – The Independent

Posted January 6th, 2023 in compensation, coronavirus, damages, government departments, indemnities, news, public procurement by tracey

‘Lawyers say the Government is claiming more than £130 million after suing a firm at the centre of a row over the supply of personal protective equipment during the coronavirus pandemic.’

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The Independent, 5th January 2023

Source: www.independent.co.uk

Belsner faces £130k costs payment but Checkmylegalfees “has a future” – Legal Futures

Posted November 16th, 2022 in costs, indemnities, law firms, news, third parties by sally

‘The Court of Appeal has signalled the possibility of a non-party costs order in the Belsner case after ordering the claimant to make an interim costs payment of £130,000.’

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Legal Futures, 16th November 2022

Source: www.legalfutures.co.uk

When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog

Posted November 11th, 2022 in construction industry, contracts, damages, dispute resolution, enforcement, indemnities, news by tracey

‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’

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Practical Law: Construction Blog, 11th November 2022

Source: constructionblog.practicallaw.com

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Claimant to pay indemnity costs after latest witness statement failure – Legal Futures

Posted September 21st, 2022 in costs, indemnities, news, practice directions, witnesses by sally

‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’

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Legal Futures, 21st September 2022

Source: www.legalfutures.co.uk

Unreasonable refusal to engage with ADR – Law Society’s Gazette

Posted July 29th, 2022 in civil procedure rules, costs, dispute resolution, indemnities, law firms, negligence, news by sally

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

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Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers

Posted April 7th, 2022 in chambers articles, indemnities, news, taxation by sally

‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’

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Hailsham Chambers, 31st March 2022

Source: www.hailshamchambers.com

SRA needs “radical rethink” to change disproportionate focus on BAME solicitors – Legal Futures

Posted October 21st, 2021 in indemnities, insurance, minorities, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) needs to rethink its approach radically to tackle the “grimly entrenched” problem of ethnic minority solicitors being over-represented in its enforcement work, it is argued today.’

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Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

High Court judge orders Liverpool City Council to reconsider refusal of indemnity for former elected mayor – Local Government Lawyer

Posted August 4th, 2021 in bribery, costs, indemnities, intimidation, local government, news, witnesses by sally

‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’

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Local Government Lawyer, 3rd August 2021

Source: www.localgovernmentlawyer.co.uk

Judge stops draft ruling publication after parties settle dispute – Law Society’s Gazette

Posted June 22nd, 2021 in costs, indemnities, judgments, negligence, news, notification by sally

‘A judge has decided that her ruling on an issue of indemnity costs should remain unpublished after the parties settled the dispute at the last minute.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

Posted May 26th, 2021 in appeals, indemnities, interpretation, jurisdiction, law firms, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court by sally

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

High Court orders urgent trial in claim by Liverpool mayor for indemnity against legal costs – Local Government Lawyer

Posted May 7th, 2021 in corruption, costs, indemnities, local government, news by sally

‘The High Court in Manchester has ordered that an urgent trial take place of the claim by Joe Anderson, the Mayor of Liverpool, that Liverpool City Council are acting unlawfully in refusing to provide him with the same indemnity against legal costs offered to other council members.’

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Local Government Lawyer, 6th May 2021

Source: www.localgovernmentlawyer.co.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

Posted April 14th, 2021 in compensation, computer crime, consultations, indemnities, insurance, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk