Searching Content by Richard Curd from CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Solicitors PI: SRA Consultation On Important Proposed Changes To Conflict Rules
The deadline for responses to the Solicitors Regulation Authority’s second consultation on changes to Rule 3 (Conflicts of Interest) and Rule 4 (Confidential Information) of the Solicitors’ Code of Conduct is 12 February 2010.
23 Feb 2010
Solicitors PI: The End For The Assigned Risks Pool?
In November 2009 the Solicitors Regulation Authority opened a consultation on the future of the Assigned Risks Pool which, the chair of the SRA has said, is "costing a huge amount of money but demonstrating little benefit".
8 Jan 2010
Limitation In Professional Negligence - Not The "Real World"?
In an interesting judgment last week, a High Court judge made clear how difficult it can be to determine when damage is suffered for the purpose of limitation rules in professional negligence claims.
21 Nov 2008
The Illegality Defence - The Next Instalment
As was widely reported in the mainstream press, the Court of Appeal recently decided that a victim of the Ladbroke Grove rail crash in 1999, who suffered from consequent post traumatic stress disorder and went on to commit manslaughter in 2001, can nevertheless claim for loss of earnings both prior to and following the killing notwithstanding that he remains detained, following his conviction, in a secure hospital under the Mental Health Act.
9 Jul 2008
Auditors´ Liability For Failure To Identify Fraud
In an important decision last week, the Court of Appeal considered whether or not a company which had committed fraud could nevertheless claim against its own auditors for failing to detect and report that fraud.
30 Jun 2008
Auditors´ Negligence: Liability To Company And Shareholders
A recent case has considered the standard of care owed by auditors.
2 Jun 2008
Insolvency Exposure For Professional Indemnity Insurers
In an important judgment for professional indemnity insurers, the Court has decided that whilst discharge from bankruptcy will mean that a client can no longer pursue a bankrupt professional in respect of his bankruptcy debts (including potential liability for professional negligence) it is possible for the client to pursue the bankrupt’s professional indemnity insurers direct under the Third Parties (Rights Against Insurers) Act 1930 using the proof of debt mechanism.
18 Dec 2007
Auditors´ Liability For Failure To ´Blow Whistle´ On Fraud
In an important decision, the Commercial Court considered whether or not a company which had perpetrated a fraud could claim against its auditors for failing to detect and report that fraud. Even though this involved the company relying on its own fraud, the Court nevertheless held that it could continue with its claim against the auditors.
26 Nov 2007
Auditors: Meet The Parents
In our Law-Now dated 15.03.06 “Auditors and Third Party Liability - Judicial Reassurance” we reported on the first instance decision in Man Nuzfahrzeuge AG and Others v Freightliner Ltd and Others [2005] EWHC 2347 in which a multi million pound claim was dismissed.
27 Sep 2007
Insolvency Practitioners Should Strike Early To Strike Out
Following a liquidation or other insolvency procedure, insolvency practitioners may find themselves in the line of fire from disappointed claimants. As a result IPs, are often the targets for complaints and subsequently, litigation; in many respects this goes with the territory.
5 Dec 2006
In The Event Of A Big 4 Failure What Are The Opportunities For Mid-Tier Audit Firms?
The Companies Act 2006 received the Royal Assent yesterday including the provisions enabling auditors in the UK to limit their liability by contract with their audit clients...
10 Nov 2006
Auditors and third party liability – judicial reassurance
The issue of auditors’ liability to third parties has been brought sharply into focus recently with The Company Law Reform Bill which embodies some significant changes in relation to auditors’ liability, namely the ability to negotiate "Liability Limitation Agreements".
16 Mar 2006
Causation in Professional Indemnity: is "but for" ever enough?
In an important judgment for professionals in all fields and their Insurers, the Court of Appeal yesterday applied Saamco principles to losses caused by the downturn in fortunes of Equitable Life and reached some very clear conclusions.
23 Feb 2006
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