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NLJ this week: Name the wrong firm, lose the right claim

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Clare Hughes-Williams and James Gardiner of DAC Beachcroft highlight the dangers of misidentifying defendants in negligence claims—especially after law firm mergers—in this week’s NLJ

In Leggett v AIG, the court ruled that liability does not automatically transfer to successor firms unless a clear novation agreement exists. Despite shared insurance, the LLP was not liable for pre-novation negligence by its predecessor. Claimants must carefully identify the correct legal entity or risk strike-out, as seen in Catton v County Solicitors, where a claim failed due to late substitution after the limitation period.

The authors stress that insurance arrangements do not determine liability, and successor status under indemnity policies does not ‘magically’ transfer responsibility. The takeaway: claimants must investigate firm histories and contractual relationships before issuing proceedings—or risk losing valid claims and facing costs consequences.

MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
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