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Dispute Resolution Law Blog

21 May 2025

Action for Brain Injury Week – fluctuating capacity

The Child Brain Injury Trust reports that every 90 seconds, someone in the UK is admitted to hospital with an acquired brain injury, and every 15 minutes, a child in the UK acquires a brain injury. While many will make a full recovery, for others, this may impact on their ability to make certain decisions as adults.

Katherine Pymont

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.

Jemma Brimblecombe

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 Maestri

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