Blog
Lafarge convictions: a landmark moment in corporate criminal accountability
Louise Hodges
9 December 2016
McKenzie Friend…or Foe?
It is a fundamental principle in this jurisdiction that parties to a claim through the courts may represent themselves. These litigants in person are entitled to advice or assistance, other than in exceptional circumstances. The term ‘McKenzie Friend’ derives from the appeal of divorce proceedings in McKenzie v McKenzie [1970] 3 WLR 472 in which it was held that a judge had erred in refusing to permit Mr McKenzie to be accompanied in court by his friend.
1 December 2016
Who is liable for the acts of a fraudulent vendor?
P&P Property Limited –v– (1) Owen White & Catlin LLP (2) Crownvent Limited t/a Winkworth [2016] EWHC 2276 (Ch):
This case serves as a welcome decision for professionals when considering where to pin the blame (and liability) in circumstances where a vendor in a property transaction turns out to be fraudulently impersonating the true owner.
1 December 2016
Litigation funders liable for indemnity costs in Excalibur
Recently, the Court of Appeal dismissed the appeal of the litigation funders in Excalibur Ventures LLC v Texas Keystone Inc, holding them liable for indemnity costs. The appeals were the result of a “speculative and opportunistic” claim by Excalibur to a share in a number of oil fields in Kurdistan in the sum of US$ 1.6 billion.
28 November 2016
Can a third party funder remain anonymous?
The Claimant, Mr Wall (W), brought claims against the Defendant, Royal Bank of Scotland Group (RBS), in relation to RBS’s dealings with a now insolvent group of companies owned and controlled by W. W brought the claims in his capacity as assignee of the group’s rights and/or as beneficiary of a trust as declared by the group’s liquidators.
25 November 2016
Legal Update: Bolam test considered in professional negligence claim against financial advisor
O’Hare v Coutts & Co [2016] EWHC 2224 (QB)
This case is of importance for specialists in the professional negligence field as it provides some clarity on the distinction between offering competent financial advice and the law on using sales techniques to persuade clients to take risks.
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