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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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
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