The Chancellor's decision in Bilta v RBS [2017] EWHC 3535 sits uneasily with that of Andrews J in SFO v ENRC [2017] EWHC 1017, on a point which is short, but of critical importance...

Hannah Daly and Stephen Innes of 4 New Square consider the pros and cons of different types of settlement offers, following a decision on claimants' Part 36 offers in JLE v Warrington & Halton Hospitals NHS.

Where the law governing a contract containing an arbitration agreement differs from the law of the nominated "seat" of the arbitration, which law – absent any express choice...

The Court of Appeal confirms the restrictive approach to third party rights under FCA Notices adopted by the Supreme Court in Macris v FCA [2017] UKSC 19

In a comprehensive judgment released by the Financial Services Division of the Grand Court of the Cayman Islands, Mr Justice Segal rejected an application...

Mr Justice Lavender's recent decision in Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) is the latest blow to solicitors representing claimants in the volume personal injury market.

On 26 February 2013 Toby gave formal notice of a claim under the Policy.

On 21 August 2020 the Court of Appeal handed down judgment in Glover v Barker [2020] EWCA Civ 1112, overturning the decision of Morgan J. in Barker v Confiànce Ltd [2019] EWHC 1401 (Ch)...

The broad principles as to how to value what has been lost from bungled litigation have been established for a long time.

On 6 September 2023, the Law Commission published its final report on the proposed reform of the Arbitration Act 1996, together with a draft amendment Bill.

When things go wrong in this situation, the courts always say that service should not be left to the last minute.

Unlike most other organisations, a solicitors' firm will typically hold large amounts of privileged and/or confidential information about its clients.

The name derives from a legal case called McKenzie v McKenzie [1970] 3 WLR 472.

It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause of action is tarred by illegality.

There has always been a tension between the literal application of poorly worded contractual provisions and the need to apply common sense to avoid commercially absurd results.

In dismissing the application, Master Leonard held that it was for the client to prove that it is entitled, as of right, to receive copies of the solicitor's property.

It is common practice in various industries (particularly the construction industry) for parties to agree that specified loss or damage will be covered by insurance obtained for the parties' mutual benefit ...

In Niramax Group Limited v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court considered the principles applicable to cases of avoidance for material non-disclosure, in a claim by a policyholder against its insurers.

The first issue arising was what was meant by a "distinct area" in clause 6.2.1 of the AFL. Mears' position was that it applied to any room.

In this example a purchaser is tricked into paying cash to a fraudster instead of his solicitor.