In this podcast episode, barristers Paul Mitchell KC and Ben Smiley focus on the position of professionals who recommend tax avoidance or mitigation schemes or who adapt the contractual documentation necessary to give effect to these schemes. They will also be touching on a very recent claim against the architect of one such scheme, a tax Silk. The post When Tax Schemes Go Sour appeared first on 4 New Square Chambers ..read more

In this podcast episode, barristers David Halpern KC and Ben Elkington KC address aggregation clauses, when two or more claims are treated as a single claim, in professional liability insurance policies including solicitor’s insurance and other types of professional indemnity insurance. The post Aggregation in Professional Indemnity Insurance Policies appeared first on 4 New Square Chambers ..read more

Graeme McPherson KC and Diarmuid Laffan share some practical thoughts on preparing for disciplinary hearings and conducting tribunal advocacy. The post Podcast: Do’s and don’ts of tribunal advocacy appeared first on 4 New Square Chambers ..read more

A review of recent decisions on the disclosure pilot running in the Business and Property Courts and a discussion of the key issues which face practitioners grappling with the procedure set out in PD 51U. The post Podcast: The Disclosure Pilot – where are we now? appeared first on 4 New Square Chambers ..read more

Richard Liddell KC (4 New Square) and Sarah McNally (Herbert Smith Freehills) have received various questions regarding insurance coverage in the wake of COVID-19.  In this podcast recorded at the end of March, they consider some of the issues that policyholders and insurers are likely to be grappling with across many different forms of insurance. The post COVID-19 – Will Insurance Come To The Rescue? appeared first on 4 New Square Chambers ..read more

In this podcast Neil Hext KC and Matthew Bradley look at the latest state of play in relation to the Muller exception to the without prejudice rule. The Court of Appeal’s decision in Muller v. Linsley & Mortimer [1996] PNLR 74 seems well established, but the exception remains difficult to square with basic principle. The podcast will consider how WP privilege works in the three-party situation, and the impact of recent cases such as EMW Law LLP v. Halborg [2017] EWHC 1014 and Briggs v. Clay [2019] EWHC 102. The post What’s going on with WP Privilege ..read more

In this podcast Paul Parker provides an overview of the “StaRs”, the enforcement regime and their perceived flexibility, and examines the SRA’s reach into one’s private life and personal affairs. The post The 2019 SRA Standards & Regulations: what’s new, what’s the same and what should we be getting ready for? appeared first on 4 New Square Chambers ..read more

In this podcast, Neil Hext KC and Daniel Saoul KC review the main procedural and substantive weapons available to parties seeking to recover assets in dishonesty claims, including practical examples from recent cases acting for both claimants and defendants. The post Interim Injunctions – the use of freezing injunctions and other orders in hot pursuit of the fraudster appeared first on 4 New Square Chambers ..read more

In this podcast, Graeme McPherson QC, Daniel Saoul QC and Pippa Manby discuss the advantages and disadvantages of pleading fraud, how to prosecute and defend the various causes of action available, and issues arising in relation to insurance coverage where dishonesty is alleged. The post Fraud and conspiracy claims against professionals appeared first on 4 New Square Chambers ..read more

Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield KC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked. The post Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? appeared first on 4 New Square Chambers ..read more