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Dispute Resolution Law Blog

8 May 2025

Communications series part 5: Professional negligence & communicating in a digital age

In today’s fast-paced world, professional communications increasingly happen over WhatsApp, iMessage, and similar instant messaging apps. While these platforms offer speed and convenience, they also create a risk of information, which would normally be retained on a client file, being lost.

In professional negligence claims, contemporaneous records are often central to a successful defence. It is not unusual for claims to be brought years after work was carried out, and without a complete file of documents, it can be difficult to remember, or evidence, what happened.

Lavanya Loganathan

1 May 2025

Communication Series Part 4: Deceitful Dialogue - How Misrepresentations Shape Fraud Claims

Misrepresentation is, at its core, a misuse of communication: words used to deceive and not to inform. A misrepresentation is a false statement made by one party (the defendant) to another party (the claimant), which leads the claimant to believe something untrue. In certain circumstances, it is possible for a defendant to be liable for representations made by a third party.

Katie Allard

28 April 2025

High Court Rejects Split Trial in Superyacht Negligence Case

In a significant ruling for professional negligence litigators, earlier this year the High Court refused an application for a split trial in Tatiana Soroka v Payne Hicks Beach, a professional negligence claim arising from one of the UK’s most high-profile divorce settlements.

24 April 2025

Communication series part 3: Avoiding a perception of impartiality in arbitrations

Given that arbitrations take place in private, arbitral rules are important to maintain the fairness of the process, and ensure that parties are not disadvantaged by the lack of public scrutiny that accompanies a court case. The fact that communication with the tribunal is normally open to all parties adds to the transparency of the process, and avoids any suggestion of bias.

Leyla King

23 April 2025

Civil Fraud Quarterly Round-Up: Q1 2025

This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of January - March 2025.

Mary Young

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