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23 January 2024
Issue: 8056 / Categories: Legal News , Profession , Insurance / reinsurance
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Professional liability predictions 2024

‘Deep pocket’ professional indemnity claims could ‘re-emerge’ this year due to economic ‘headwinds’, according to DAC Beachcroft’s ‘Informed insurance’ predictions for 2024

‘Deep pocket’ professional indemnity claims could ‘re-emerge’ this year due to economic ‘headwinds’, according to DAC Beachcroft’s ‘Informed insurance’ predictions for 2024

The potential is ‘real’ due to ‘the highest quarterly insolvency numbers since Q2 2009’ when the last economic downturn was at its peak combined with an ‘apparent slowing in the real estate sector’ and consequent defaults, climate change risks, sustainability demands from clients, and concerns about cyber risks.

The firm’s insurance specialists also warn it is ‘likely that claims will be made against solicitors arising from new requirements under the Building Safety Act 2022’, regarding cladding and fire-related remediation work. Conveyancers who mistakenly identify a property as protected when it’s not could be caught out. DAC says: ‘The risk for solicitors is checking whether the information provided is accurate.

‘Solicitors acting for sellers may be put under pressure to sign undertakings, pursuant to which strict liability for errors would result—something to be avoided!’

Another cause of professional negligence claims is ‘the lack of clarity around the threshold for improper conduct’ regarding Strategic Litigation Against Public Participation (SLAPPs).

DAC recommends firms and in-house teams ‘upskill’ their climate-related advice or else face increasing claims in this area. It suggests not only extra training for solicitors in this area but also ensuring clients are clear about the ‘limits of the advice they will receive and when they may need to instruct a specialist’.

Also lurking in the undergrowth for solicitors this year is generative artificial intelligence (AI), which will ‘fundamentally alter the practice of law’ but also bring ‘the prospect of claims’. The risk of ‘hallucinations’ where AI invents content means lawyers must verify all content, and there are further risks such as breach of confidentiality, intellectual property infringement, breaches of cybersecurity and privacy laws and publication of defamatory content.

View more at: https://insurance.dacbeachcroft.com/predictions/professional-liability.

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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