4 New Square Professional Liability and Regulatory Conference 2020

Join us for our Professional Liability and Regulatory Conference on Tuesday 4th February 2020.

4 New Square will be running a full day of Professional Liability and Regulatory talks. They are all listed below. The day will start with registration at 9:00 am, the talks will begin at 9:45 am and the conference will close with a drinks reception from 4:00 pm. Please note this event is free to attend and places at the conference are limited and will be allocated on a first come first served basis.

For more information, please contact events@4newsquare.com.

See our practice areas pages for more information on 4 New Square’s Professional Liability and Regulatory work.

To listen to the talks from our 2019 conference, visit our Podcast page.


 

1. “Lost Litigation”: what is the loss and how do you quantify it?

Mark Cannon QC, and Hugh Evans

The Supreme Court has had two chances to bring some much needed clarity to these questions, but has ducked them. This talk provides the answers.

Lost Litigation handout

2. Professional indemnity insurance: Europools v RSA

Jonathan Hough QCBen Elkington QC, Josh Folkard and Henrietta Gordon of Chubb

Euro 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 talk include all 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. Also speaking will be a senior insurance professional, to give the market perspective on these issues.

Europools v RSA handout

3. Fraud and all that

Jamie Smith QCHelen Evans and Hannah Daly

Reviewing 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’.

Fraud and all that handout

4. What’s going on with WP Privilege?

Neil Hext QC and Matthew Bradley

Neil Hext QC and Matthew Bradley look at the latest state of play in relation to the Muller exception to the without prejudice rule. The court of appeal’s decision in Muller v. Linsley & Mortimer [1996] PNLR 74 seems well established, but the exception remains difficult to square with basic principle. This seminar will consider how WP privilege works in the three-party situation, and in what circumstances a third party can seek disclosure of without prejudice negotiations that took place between two other parties. It will consider the impact of recent cases such as EMW Law LLP v. Halborg [2017] EWHC 1014; Briggs v. Clay [2019] EWHC 102, Willers v. Joyce [2019] EWHC 937, and Hunt v. Caddick (Mill Harbour) Ltd [2019] EWHC 2933.

WP Privilege handout

5. Professional liability claims in an offshore context

Roger Stewart QCGraham Chapman QC and Seohyung Kim

A practical guide to some of the challenges and differences when dealing with professional liability claims in an offshore context and/or raising jurisdictional issues including (a) jurisdictional issues including anti-suit injunctions in favour of arbitration or to restrain proceedings in another jurisdiction; (b) sole and non-recourse clauses; (c) case management including disclosure/discovery issues and (d) litigation strategy and trends for the future.

Offshore professional liability claims handout

6. “Lawfare”, big money divorces, and the impact of the new tort of malicious prosecution of civil proceedings

Paul Mitchell QC and Tom Shepherd

In this talk, we examine the basis of the new tort of malicious prosecution of civil proceedings and the new lease of life given to the tort of abuse of process since Willers v Joyce [2018] AC 843. The conduct of legal proceedings against opponents across multiple jurisdictions is referred to by some Russian oligarchs as “lawfare”, and in this talk we look at specific issues arising where personal commercial rivalries are played out in spurious litigation. We then 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.

malicious prosecution of civil proceedings handout

7.The limits of claims control by insurers – principles, pitfalls and practical tips

Alison Padfield QC and Melody Ihuoma

In this practical session, Alison Padfield QC and Melody Ihuoma look at the nature and scope of an insurer’s right to control litigation on behalf of an insured, including the impact of recent cases such as Travelers v XYZ in the Supreme Court and Ramsook v Crossley in the Privy Council. What are the principles which govern and fetter the exercise by insurers of the right to control litigation, and how are these principles affected by conflicts of interest between the insurer and the insured? Alison and Melody also touch on the impact of regulation – the new Solicitors Code of Conduct, the Bar Code of Conduct, and the Individual conduct rules in the FCA Handbook as they apply to insurers.

The limits of claims control by insurers handout

8. The solicitor’s headache: conflicting duties of confidentiality and disclosure

Charles Phipps and Simon Teasdale

Solicitors’ duties of disclosure to other clients and the absolute nature of legal professional privilege make solicitors’ legal duties of confidentiality particularly demanding. On top of that, solicitors have to comply with both the SRA’s regulatory regime and additional legislative distractions, such as data subject access requests. Charles and Simon look at the problems which can arise and suggest some practical solutions.

Solicitors’ duties of confidentiality and disclosure handout

9. The 2019 SRA Standards & Regulations: what’s new, what’s the same and what should we be getting ready for?

Paul Parker

In this talk Paul will provide an overview of the “StaRs”, the enforcement regime, and their perceived flexibility; draw out key points emerging from the new Accounts Rules; and examine the SRA’s reach into one’s private life and personal affairs.

SRA Standards & regulations handout

10. Lessons from the dear school: do’s and don’ts of disciplinary tribunal tactics and advocacy

Graeme McPherson QC and Diarmuid Laffan

In this practical session Graeme McPherson QC and Diarmuid Laffan share their tips for appearing before regulatory, sports and other disciplinary panels. The session will be structured around key pointers for disciplinary and regulatory advocacy, with attendees encouraged to share their own insights and experiences.

disciplinary tribunal tactics and advocacy handout

11. Asset tracing and recovery reassessed

Nicole Sandells QC and Miles Harris

A practical look at how to fashion and pursue proprietary routes to recovery – and what to do when you can’t find one, including a look at the restitution and unjust enrichment wild card, rights to information and documentation beyond the CPR, and factoring in the particular issues when professional indemnity insurers seek recovery.

Asset tracing and recovery reassessed handout

12. Cladding claims – the new landscape

David Turner QC and Sian Mirchandani QC

After the Grenfell Tower fire and the “discovery” of the combustibility of ACM cladding, there is a tsunami of claims about to hit the Technology & Construction Court. What are the particular issues that will arise in these claims?

Cladding claims handout

13. Practical completion and other problems for construction professionals

Tim Chelmick and Lucy Colter

Tim Chelmick and Lucy Colter discuss practical completion post-Mears v Costplan and other critical events in the life of a construction projects, 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.

construction professionals handout

14. Claims against negligent pensions advisers; lessons to be learned from the litigation arising out of Gleeds Retirement Benefits Scheme [2014] EWHC 1178. Amendments to pension scheme documentation – can they be retrospective? The hurdles to overcome and the effect of failed attempts.

Patrick Lawrence QC and Nigel Burroughs

The talk will deal with the power of amendment in the trust deed, Courage type fetters, and the statutory restrictions such as section 67 Pensions Act 1995 and section 37 of the Pension Schemes Act 1993. It will also consider what happens if a retrospective amendments fails to have effect.

negligent pensions advisers handout

15. Limitation: claims against directors, trustees and other professionals: when should time be extended and how is this done?

David Halpern QCMichael Bowmer and Tom Asquith

The purpose of this presentation is to look at claims against directors, trustees and other professionals through the context of claims for breach of trust, breach of fiduciary duty, breach of statutory duty and negligence and to consider how the law balances the interests of claimants to extend time and the interests of defendants to curtail time. It will consider the Supreme Court decisions in Williams v. Central Bank of Nigeria and Burnden Holdings (UK) Ltd v. Fielding as well as the Court of Appeal decision in First Subsea Ltd v. Balltec Ltd and the extent to which no limitation period can be said to apply. It will also review recent cases on contingent loss, deliberate concealment and constructive knowledge.

limitation claims handover

16. Third Party Costs Orders: Arkin’s plight and insurers’ delight

Benjamin Williams QC and George McDonald

Benjamin Williams QC and George McDonald discuss the recent major developments affecting costs orders against insurers, funders and other non-parties, including the Supreme Court decision in XYZ v Travelers Insurance Company Ltd.

third party costs orders handout