“The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows: The practical consequences of the broad policy-based test laid down in recent years to determine when a claimant’s claim is ‘tainted’ by his wrongdoing; when it is an abuse of process to attack the outcome of previous proceedings in a subsequent claim; challenges posed by the separate legal personalities of a company and its shareholders, creditors or other associates; the need for more certainty in the area of vicarious liability; and the extent to which the filtering mechanism based on scope of duty can cut down damages in a claim framed in breach of fiduciary duty rather than negligence …” (more)
[Helen Evans, Ben Smiley, Pippa Manby and Ian McDonald, 4 New Square, 5 January]
First posted 2021-01-08 18:48:30
Leave a Reply