Resources

Articles & Publications: Ben Smiley

4 New Square Chambers Insurance Law Review – Spring 2023


Click here to download as a PDF Contributors: Alison Padfield KC, Miles…

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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…

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…

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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Stay of proceedings before serving a claim form


What should claimants do when limitation is about to expire? Noting…

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Four Fundamentals of Limitation Periods in Contract and Tort Claims


By Carl Troman, Barrister and Mediator at 4 New Square Four key points…

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Unfair Prejudice Petitions: what makes prejudice “unfair”?


Unfairness is an essential ingredient in minority shareholder petitions. Prejudice alone is not enough….

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