Murray Rosen QC, an arbitrator and mediator and a member of the new Court of Arbitration for Art at The Hague, discusses the special features of dispute resolution in Art disputes, including a comparison between recent court cases and ADR methods, and the impact of the COVID-19 virus on procedures, especially remote hearings and meetings.
More episodes from "ANALYSIS: Commercial Dispute Resolution And Life At The Bar"
Professional indemnity insurance: Europools v RSA
36:36Euro Pools v RSA is the first case in 10 years in which the Court of Appeal has considered the important topic of notifications and attachment of claims in professional indemnity insurance. The speakers for this podcast include counsel who appeared in the case at trial and in the Court of Appeal. They will discuss the judgment, its ramifications and broader issues of notification, attachment and aggregation of claims.
Reflective loss following Marex v Sevilleja
24:51Where a wrong is caused to a company, do its shareholders also suffer a loss? Can a shareholder sue for his own loss, where it “reflects” the company’s loss? What if the company can’t or won’t sue? These thorny issues have led to much litigation for nearly 200 years. Reflective loss has now been given a major overhaul by the Supreme Court.
Practical completion and other problems for construction professionals
35:07Tim Chelmick and Lucy Colter discuss practical completion post-Mears v Costplan and other critical events in the life of a construction project, by reference to the role and responsibilities of key construction professionals. They will provide an overview of claims in this area, and also discuss the latest cases with particular focus on the responsibilities of architects including duties to inspect and to issue instructions.
Professional Negligence – Getting Creative and Pushing the Boundaries from a Chancery Perspective
42:23On 11th April 2017, the Supreme Court handed down its decision in Swynson v Lowick Rose  AC 313, a case that sought to push the boundaries of equitable subrogation beyond breaking point. The Claimants were very firmly knocked back and it was made entirely clear that equity cannot be used as a modern day palm tree. Equity is based on legal principle, not discretion, or an amorphous concept of fairness. However, that does not mean there is no scope to get creative – provided you work out what the rules are and stick to them. We tend to think of professional negligence in terms of contract or tort, but the Chancery concepts of trust and proprietary claims can expand the boundaries – or get both claimants and defendants out of tricky corners. Equally, a Chancery perspective can lead to avenues of recovery that tort and contract will not touch – such as unjust enrichment. This podcast by Nicole Sandells QC will look at a few of the concepts in the context of potential claims against solicitors.
Professional Negligence Update – what’s new in vicarious liability, illegality and loss of a chance
45:18A podcast by Helen Evans, Anthony Jones and Seohyung Kim bringing you up to date with the key professional negligence developments in 2019 and 2020. The podcast will include: Asking whether the approach to vicarious liability has become more sophisticated Considering how courts are implementing the Patel v Mirza 'policy-based' approach to the doctrine of illegality Reviewing where we are on the 'loss of a chance' doctrine, and how the vexed question of after-available evidence fits in
Art disputes in times of pandemic
49:17Murray Rosen QC, an arbitrator and mediator and a member of the new Court of Arbitration for Art at The Hague, discusses the special features of dispute resolution in Art disputes, including a comparison between recent court cases and ADR methods, and the impact of the COVID-19 virus on procedures, especially remote hearings and meetings.
Claims and circumstances: continuity of coverage in English insurance law
23:54A look at how discontinuity of insurance coverage may arise for insurance policies written on a ‘claims made’ basis. This has particular resonance for professional persons who may believe they have seamless cover so long as they take out back-to-back yearly policies. Discontinuity problems are analysed in relation to both the ‘claims’ and ‘circumstances’ attachment mechanisms typically written into professional indemnity insurance policies. This podcast illustrates how, outside the regulatory sphere where policies are written on pro-consumer terms, there are a number of ways in which the professional may be left without cover.
“Lawfare”, big money divorces, and the impact of the new tort of malicious prosecution of civil proceedings
25:15In a world where Russian oligarchs refer to litigation as “lawfare”, in this podcast we look at the issues arising where personal commercial rivalries are played out in spurious litigation. We go on to consider the new phenomenon of malicious prosecution claims arising from big money divorces, touching finally on the professional liability exposure of lawyers who have acted for the tortfeasor in maliciously prosecuted or abusive civil proceedings.
Fraud and all that – professionals who know too much
40:23In this podcast, Jamie Smith QC, Helen Evans and Hannah Daly review where we are with dishonest assistance and unlawful means conspiracy claims after Group 7 and Stobart / The Racing Partnership. A look, too, at insurers’ recovery options in the event that the insured is engaged in ‘naughty conduct’.
Do’s and don’ts of tribunal advocacy
45:31Graeme McPherson QC and Diarmuid Laffan share some practical thoughts on preparing for disciplinary hearings and conducting tribunal advocacy.