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Articles & Publications: Ben Smiley

Articles & Publications, News & Judgments

Professional Liability and Coverage Update: what happened in 2024 and what’s in store in 2025?


By Helen Evans KC,  Ben Smiley, Pippa Manby,  Marie-Claire O’Kane and Will Cook…

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Articles & Publications

The Grip of the Peril: Sky UK Limited & Another v Riverstone Managing Agency Limited & Others


Property insurance is generally written to cover damage caused by an insured…

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New Podcast Episode: What is, or is not, a SLAPP? with Clare Dixon KC and Ben Smiley


We are pleased to announce the release of our latest podcast episode, featuring an in-depth discussion on the recent guidance from the Solicitors Regulation Authority (SRA)…

Professional Liability and Coverage Update: 2023 in review and a look ahead to 2024


Overview Many of the significant professional liability cases in 2023 dealt with the issue of just how far duties extend – and to whom they are…

4 New Square Chambers Insurance Law Review – Spring 2023


Click here to download as a PDF Contributors: Alison Padfield KC, Miles Harris, Shail Patel, Ben Smiley, Nick Broomfield, Anthony Jones, Marie-Claire O’Kane, Diarmuid Laffan, Will…

Aggregation clauses in insurance contracts: Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17


The year is off to a successful start for Ben Elkington KC and Ben Smiley, who acted for the appellant insurer in Spire Healthcare v Royal…

Professional liability update: 2021 in review


Overview The key professional negligence cases of 2021 picked up on recurring challenges in this area of law and addressed in particular: The methodical way to…

Professional liability update: 2020 year in review


Overview The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows: The practical consequences of the broad…

Unlimited risk – Ben Smiley writes for Litigation Funding Magazine on how funders have now lost the protection of the Arkin cap


The Court of Appeal recently handed down judgment in ChapelGate Credit Opportunity Master Fund Limited v Money and others [2020] EWCA Civ 246, a case concerning…

From the Arkin ‘cap’ to the Arkin ‘approach’: Davey v Money & Ors [2019] EWHC 997 (Ch)


“In short, what has become known as the Arkin cap is, in my judgment, best understood as an approach which the Court of Appeal in Arkin…

Cameron v Liverpool Victoria Insurance Co Ltd: Suing Unnamed Defendants & the Approach to Alternative Service


The Supreme Court has now handed down judgment in Cameron v Liverpool Victoria Insurance Co Ltd.  The case concerns the issue as to whether/when it is…

2018 – A year in Costs


In 2017, four members of our 4 New Square Costs Team set themselves a challenge to come up with a calendar of key costs decisions in…

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Court refuses to strike out s.90A claims on Barclays grounds


Mr Justice Michael Green has handed down a much-anticipated decision on the…

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Will Cook successful in two judgments securing dismissal of £3m TCC claim


On 24 February 2025, Jonathan Acton Davis KC (sitting as a Deputy…

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