Articles - DAC Beachcroft

Articles

agosto 2017

Part 36 Offers and the amended discount rate - beware of the rules for service

Part 36 Offers and the amended discount rate - beware of the rules for service

The impact of the amended discount rate which was reduced from 2.5% to -0.75% on 20 March 2017 is widely felt, not least regarding the practical issue ...

Supreme Court considers the appropriate approach to be taken to Solicitors' Costs

Supreme Court considers the appropriate approach to be taken to Solicitors' Costs

Sheehan v Corr Supreme Court [Appeal No 94/16] On 15 June 2017 the Supreme Court issued a judgement in a matter which the Court described as "raising ...

Negligent Misstatement and the importance of disclaimers

Negligent Misstatement and the importance of disclaimers

JLL contended that it did not owe any duty of care to Mr. Walsh to ensure that the details published in its sales brochure were accurate. JLL claimed ...

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

When receiving served proceedings, it can be easy for Trusts to simply file an Acknowledgment of Service without scrutinising how the documents were r ...

Professional Duties (scope), Experts (parameters) & Attribution of Risk

Professional Duties (scope), Experts (parameters) & Attribution of Risk

The recent decision of (1) The Governors and Company of the Bank of Ireland (2) Bank of Ireland (UK) plc -v- Watts Group plc [2017] EWHC 1667 (TCC) sh ...

Protocol Dictates

Protocol Dictates

There is a number of options open to a landlord when a tenant falls into arrears. One option is to issue debt proceedings. From 1 October 2017 a new P ...

Failure to obtain informed consent does not give rise to a separate right to damages

Failure to obtain informed consent does not give rise to a separate right to damages

In a significant recent decision, the Court of Appeal has unanimously confirmed that a failure to obtain informed consent does not give rise to a dist ...

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

A Claimant was ordered to pay the Defendant's costs of dealing with an application to extend time for service of proceedings, in circumstances where t ...

Overseas visitor charges: Are you ready for the latest changes?

Overseas visitor charges: Are you ready for the latest changes?

A number of important changes are imminent in relation to overseas visitor charges. Some of the changes come into effect from 21 August and others - i ...

Whistleblowing: non-executive directors personally liable for nearly £1.8 million following the dismissal of a whistleblower

Whistleblowing: non-executive directors personally liable for nearly £1.8 million following the dismissal of a whistleblower

The EAT upholds a finding that (with the employer) two non-executive directors were jointly and severally liable for the detriment suffered by a CEO w ...