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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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