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Articles & Publications: Ian McDonald

Professional liability and coverage update: 2022 in review


Overview By far the most significant number of professional liability cases…

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Professional liability update: 2020 year in review


Overview The core issues considered in the most important professional negligence…

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Enka v. Chubb in the Supreme Court: Which Law is it Anyway?

Introduction Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law –…

Why is the “illegality” defence back in the spotlight?

It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause…

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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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