Insurance claims and disputes

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?

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.

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.

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.