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21 July 2011 / Steven O'Sullivan
Issue: 7475 / Categories: Features , Profession , Insurance / reinsurance
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A view from the coal face

Steven O’Sullivan surveys solicitors’ professional indemnity insurance

With recent hard markets, practitioners (especially those who are lucky and/or diligent enough to experience few or no claims) might wonder what insurers are doing to earn their increasing premiums, especially those who are lucky and/or diligent enough to experience few or no claims. Practitioners may therefore be interested to know about the experience of those of us who defend solicitors against claims, which naturally range from the nonsensical or outrageous to those where we are hard pushed to say anything in reply except maybe a challenge to the quantum of interest.

Lender claims

The big news over the recent years has been lender claims. Mortgage fraud and solicitors’ failings to lenders did not vanish between 1995 and 2005, but were masked by rising house prices meaning that repossession could take place without loss to the lender. Therefore, lender claims were a rarity.

With at best stagnant values since 2007, the lenders reaped the reward of poor lending decisions in the form

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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