The privileges of instructing a lawyer

In this article, Constantine Porfyratos, trainee solicitor, and Tim Goodger, partner at Elborne Mitchell LLP discuss various aspects and safeguards as well as key elements of types of legal privilege.

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Mediation – points to consider

Tim Goodger, partner, and David Davies, second year trainee, discuss mediation and points to consider.

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CASS 5 – 10 things to consider

Tim Goodger, partner of Elborne Mitchell LLP, comments on current issues he believes insurance intermediaries need to focus on when dealing with CASS 5 client money rules.

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Non-party costs orders for uninsured costs: Are insurers now liable?

By David Davies
Insurers of defendants risk being liable for the costs of claims whose claimants are not covered under an insurance policy.

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I’m sorry, you must be mistaken.

By Andy Stevenson
Elbornes recently acted for the successful Claimants in an aviation dispute where the Defendant had denied liability on the ground of mistake.

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A little thing called Causation; Why file Notes Matter; and What is My Loss?

By Andy Stevenson
Professional Indemnity Update – February 2018: A Little Thing Called Causation; Why File Notes Matter; and What Is My Loss?

A look at the 5 February 2018 decision in O’Neill v Bull & Bull (A firm) and the 2017 decision in BPE Solicitors v Hughes-Holland and the importance of causation, file notes and calculation of loss.

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Briefing: Some Key Changes Under the Insurance Distribution Directive (IDD)

By Alexandra Booth
The IDD came into force in Europe on 23rd February 2016 and was due to be implemented in the UK by 23 February 2018. However HM Treasury and the FCA have been consulting on its implementation in the UK and delays both in the UK and Europe mean that the date will almost certainly be put back to 1st October 2018.

The HM Treasury has also published a consultation paper with proposals to amend the definition of “financial advice”.

Where the IDD goes beyond existing UK rules, changes will be implemented. We highlight some of these changes in this article.

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Data Protection: Who is to blame for an employee’s actions?

By David Davies
The upcoming GDPR has given new impetus to companies and firms to engage in time-consuming projects to achieve full data protection compliance by the time it comes into force in the UK on 25 May 2018. However, the High Court case of Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3113 (QB) may signal that even a fully compliant employer can still be liable for the unauthorised actions of their employee with the judgment giving much needed insight into the approach the Courts will take in future instances when data protection procedures have been breached.

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