pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Liability of third party funders / coverage re. costs in PL policies

The Court of Appeal handed down a judgment in the case of Legg & Ors v. Aviva [2016] EWCA Civ 97 yesterday. The case concerned the scope and application of the rule relating to a party’s ability to secure an adverse costs order against a third party who funded the unsuccessful claim by a claimant /defence of a defendant.  Additionally it concerned the proper approach to the interpre... [More]

Aspect Contracts – Adjudication Assessed…

Aspect Contracts – Adjudication Assessed…       The Supreme Court finally had an opportunity to consider the adjudication regime in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction Plc [2015] 1 WLR 2961.   Although this case is from as long ago as 2015, I had to cite it in Court last week and remembered that it was one that I should have inclu... [More]

Caught out by the court fee: a forewarning on issuing claims protectively

Facts The case of Richard Lewis & Others v Ward Hadaway [2015] EWHC 3503 (Ch) concerned 31 professional negligence claims brought against a firm of solicitors relating to conveyancing transactions. In the pre-action correspondence, the individual claims were each valued in the hundreds of thousands with a collective worth of £9 million. However, when the Claimants’ solicitors f... [More]