Publications

Following a recent High Court ruling, it would certainly seem that the courts have faith in the so-called concept of “relational contracts” and the consequent implication of a good faith obligation.

What is the detail behind the EU’s agreement to extend the UK’s leaving date to 31 October and what are the practical implications?

As legislation and case law continues to emerge about how individuals should be classified for employment and tax purposes, we take stock of where we are now and suggest how employers can respond.

The situation in relation to claims arising from leasehold properties has become an increasingly topical issue, with some owners of leasehold properties reporting that their homes are effectively unmortgageable and unsaleable, and frequent claims against conveyancers for poor advice when acting for buyers.

Conveyancers are at a little-known risk of claims relating to the amount of Stamp Duty Land Tax payable on a transaction involving more than one dwelling. The risk is mainly confined to transactions between 19 July 2011 and 1 April 2016, but can involve claims for tens of thousands of pounds. We explain why.

The professional indemnity claims landscape has evolved significantly for law firms and their insurers over the last five years since the dark days of the recession when a tidal wave of lender claims hit. Today, it feels more benign, at least in terms of the volume although there remains a growing range of diverse threats facing firms and their insurers and these will be accentuated in the event of an economic downturn. We have identified our top ten claim trends for 2019.

In the recent case of Perry v Raleys Solicitors, the Supreme Court overturned the decision of the Court of Appeal and has provided long awaited clarity on the correct approach that should be adopted when considering the issue of causation in professional indemnity cases where the claimant alleges a loss of chance arising from failed litigation.

The Court refuses application to remove trustee in bankruptcy from office

The Court of Appeal hold that the appointment of a receiver negates control for tax purposes

The Court resolves the order of multiple bankruptcy petitions

A firm of solicitors fail to enforce fee arrangements against foreign liquidators

Trustees in bankruptcy fail to establish purpose of putting assets beyond the reach of creditors

As we hurtle towards Brexit day (well, whenever that may be…), we find ourselves in the rather uncomfortable position of not knowing whether we are leaving with a deal or without a deal. While businesses attempt to prepare for life after Brexit, it can be difficult to undertake the planning needed without certainty of what will happen.

Bryan J’s recent decision is a must read authority dealing with several headlines in relation to causation and loss which will be of interest to auditors and claims practitioners alike. We comment briefly upon the headlines:

In this briefing we assess where the UK stands after the EU’s decision to grant a limited extension to Article 50.

Mills & Reeve hosted this event looking at the future of healthcare estates with the Institute of Healthcare Management.

On 8 March 2019, the Financial Conduct Authority (FCA) confirmed that, as from 1 April 2019, the Financial Ombudsman Service (FOS) cap will increase to £350,000. The new award limit will come into force at the same time as the extension of the service to small and medium-sized enterprises.

The Financial Ombudsman Service (“FOS”) has recently published its Q3 2018 complaints data. This shows an increase in Sipp complaints between Q2 and Q3 2018. We examine the latest data, and considers the current risks which are facing the Sipp arena in the coming year.

Should a SIPP provider should be expected to undertake due diligence on its clients’ underlying investments, or if it is investors themselves who should take responsibility for their own investment decisions?