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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
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Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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