At the same time cyber-attacks on smaller businesses are increasing says a government report. Ransomware attackers hack into a business’s systems and encrypt the data so that it is unusable. It then demands a ransom to provide an encryption key…read more
Suitability reports in the spotlight
Regulators have met with financial advisers’ representatives to develop guidance on suitability reports. The Financial Conduct Authority (FCA) and Financial Ombudsman Service (FOS) have held talks with the Association of Professional Financial Advisers (APFA) and the Personal Finance Society (PFS)….read more
Architecture firm forced to reveal expert witness documents
Professional firms need to take great care in their dealings with expert witnesses in negligence cases or run the risk of handing an advantage to the other side. In a recent construction case one party was forced to hand over…read more
Lawyers blunders should be made public says SRA
Information about solicitors past mistakes may be made available to comparison websites, says the Solicitors Regulation Authority (SRA). The regulator is looking at long-term strategic solutions to help consumers choose their solicitors. “The sort of information we’re looking at publishing…read more
Adjudications breached rules of natural justice
Construction adjudicators must disclose their involvement in simultaneous disputes or risk their decisions being overturned. The Technology and Construction Court recently ruled that an adjudicator’s failure to disclose his involvement in two linked claims breached the rules of natural justice…read more
‘Portal juggling’ outlawed by Property Ombudsman
Estate Agents who remove and relist properties on portals to hide price discounts could be reported to Trading Standards under new rules announced by The Property Ombudsman. The practice, known as ‘portal juggling’ gives the impression that a property is…read more
Professional negligence adjudication extended
The pilot, launched in February 2015 for claims against solicitors, can now be used to adjudicate claims against a wide range of professionals. It is now only the complexity of the matter which may make the scheme unsuitable for a…read more
Enablers of contentious tax schemes face huge fines
Accountants and financial advisers who recommend contentious tax avoidance schemes could face tough new penalties under HMRC proposals.< The plans set out in a consultation document, could mean that ‘enablers’ of tax avoidance schemes face fines of up to 100...read more
Insurance claims against bankrupt businesses
Making an insurance claim against a bankrupt company or person has become easier following a revision of the relevant law. The Third Parties (Rights against Insurers) Act 2010 came into force on 1 August 2016. Now third parties can make…read more
‘Look like an idiot’ admission sinks negligence claim
An unexpected witness statement coupled with limited evidence of negligence or loss demonstrated the risk of making a speculative negligence claim. The unsuccessful claimant was hit with punitive costs by the judge who said that they were trying to put…read more