In this podcast, Jamie Smith KC, Helen Evans KC 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’.
This talk considers how professionals, who behave with bad faith, are vulnerable to claims brought by a wide range of persons who are not their clients. Such claims bring much unpredictability for professional practices and their insurers; as they are not subject to the pre-agreed terms and conditions of the client engagement.
In this podcast we aim:
- to identify two particular types of claim, founded on bad faith, to which professional persons are vulnerable: dishonest assistance and unlawful means conspiracy;
- to analyse the key elements of those claims;
- to assess the ramifications of the bringing of such claims for professional indemnity insurers; and
- to look at associated insurance issues.
Claims against professionals for bad faith are on the rise; and we hope that this podcast will serve as a helpful guide of risks and rewards on both sides of the litigation divide.
