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PODCAST

4 New Square Chambers: In Brief

4 New Square Chambers

4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers’ chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.

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All Episodes

27:55

New Representative Actions: Litigation Funding,...

4 New Square Chambers: In Brief ·

2024/11/19

4 New Square Chambers’ George McDonald and Matt Waszak explore new representative actions and the complex interplay between litigation funding and class actions, addressing the legal challenges that arise. They emphasise the importance of courts making early rulings on funding arrangements to ensure the viability of class actions.Key Topics Discussed: Funding Challenges: Issues related to funding agreements and privity of contract among class members. Early Court Decisions: The potential for

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33:16

Claims in the CAT: An Analysis of the Competition...

4 New Square Chambers: In Brief ·

2024/11/18

In this latest episode in our costs and litigation funding mini-series, 4 New Square Chambers’ Nicholas Bacon KC, George McDonald, and Ben Smiley provide an authoritative analysis of the Competition Appeal Tribunal (CAT) and the key cost-related issues that are arising in CAT proceedings. This episode will cover: The CAT’s approach to litigation funding arrangements, including the scrutiny of funding agreements and the returns available to funders. The complexities surrounding the distribution

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16:55

Conversations in Professional Liability Episode 4:...

4 New Square Chambers: In Brief ·

2023/12/13

In this latest episode of our back to basics Conversations in Professional Liability series, Helen Evans KC, Marie-Claire O'Kane and Will Cook explain all you need to know about audit, discuss key judgments and legal developments and consider what might lie ahead in auditor's negligence.

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34:16

Conversations in Professional Liability Episode 3:...

4 New Square Chambers: In Brief ·

2023/11/22

In this latest episode of our back to basics Conversations in Professional Liability series, barristers Amanda Savage KC, Paul Parker and Ben Smiley discuss all you need to know about applications for wasted costs; what they are, how you go about making them and what hurdles there might be.

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36:43

Conversations in Professional Liability Episode 2:...

4 New Square Chambers: In Brief ·

2023/10/09

In this latest episode of our Conversations in Professional Liability series, barristers Hugh Evans, Stephen Innes and Matt Waszak look at some of the key points and topics related to costs from the perspective of a professional liability practitioner including pre-action costs, part 36, assessment of costs and the civil justice council costs review.

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40:22

Duty of care in contractual chains; Have we reached a...

4 New Square Chambers: In Brief ·

2023/07/20

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34:30

Conversations in Professional Liability Episode 1:...

4 New Square Chambers: In Brief ·

2023/07/20

In this first episode of our new series, Conversations in Professional Liability, barristers Jamie Smith KC, Clare Dixon KC and Anthony Jones explain the insurance cover solicitors are required to obtain (minimum term insurance) and look at the types of claim are covered and which are not. They explain how claims attach to a policy, whether multiple claims can be aggregated and the consequences if they are not.

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Tim Chelmick and Hannah Daly to speak at...

4 New Square Chambers: In Brief ·

2022/10/21

4 New Square Chambers' Tim Chelmick and Hannah Daly will join Andrew James of PCB Byrne in a webinar hosted by ThoughtLeaders4 Disputes on 4th November 2022.The October 2022 amendments to the Civil Procedure rules have brought about significant change to the service of claims out of the jurisdiction. The ‘gateways’ included in Practice Direction 6B have undergone no fewer than 20 substantive changes with several entirely new gateways having been added. These changes come in the wake of the

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40:17

When Tax Schemes Go Sour

4 New Square Chambers: In Brief ·

2022/07/13

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.

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52:05

Aggregation in Professional Indemnity Insurance Policies

4 New Square Chambers: In Brief ·

2022/06/15

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.

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45:39

Dishonest Professionals: Recent Developments

4 New Square Chambers: In Brief ·

2022/06/01

The litigation of civil fraud claims is on the rise, with the Commercial Court consistently reporting this as an area of growth over the last three years. In this podcast, Tim Chelmick and Hannah Daly examine recent developments in the case-law concerning allegations of dishonesty against professionals, including insights into how dishonesty is defined, how it is proved, the causes of action it unlocks and the pros and cons of alleging fraud.

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47:24

Double Trouble: recent developments in limitation

4 New Square Chambers: In Brief ·

2022/05/18

In this podcast episode on limitation, Helen Evans KC and John Williams will cover four core topics; section 32 of the Limitation Act, the law on repeated breaches by professionals, the niche but important issue of when time starts to run for limitation purposes during the course of the day and making amendments after the expiry of the limitation period.

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36:36

Professional indemnity insurance: Europools v RSA

4 New Square Chambers: In Brief ·

2020/10/13

Euro Pools v RSA is the first case in 10 years in which the Court of Appeal has considered the important topic of notifications and attachment of claims in professional indemnity insurance. The speakers for this podcast include counsel who appeared in the case at trial and in the Court of Appeal. They will discuss the judgment, its ramifications and broader issues of notification, attachment and aggregation of claims.

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24:51

Reflective loss following Marex v Sevilleja

4 New Square Chambers: In Brief ·

2020/09/29

Where a wrong is caused to a company, do its shareholders also suffer a loss? Can a shareholder sue for his own loss, where it “reflects” the company’s loss? What if the company can’t or won’t sue? These thorny issues have led to much litigation for nearly 200 years. Reflective loss has now been given a major overhaul by the Supreme Court.

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35:07

Practical completion and other problems for...

4 New Square Chambers: In Brief ·

2020/09/15

Tim Chelmick and Lucy Colter discuss practical completion post-Mears v Costplan and other critical events in the life of a construction project, by reference to the role and responsibilities of key construction professionals. They will provide an overview of claims in this area, and also discuss the latest cases with particular focus on the responsibilities of architects including duties to inspect and to issue instructions.

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42:23

Professional Negligence – Getting Creative and...

4 New Square Chambers: In Brief ·

2020/09/01

This podcast by Nicole Sandells KC will look at a few of the concepts in the context of potential claims against solicitors. On 11th April 2017, the Supreme Court handed down its decision in Swynson v Lowick Rose [2018] AC 313, a case that sought to push the boundaries of equitable subrogation beyond breaking point. The Claimants were very firmly knocked back and it was made entirely clear that equity cannot be used as a modern day palm tree. Equity is based on legal principle, not discretion, or an

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45:18

Professional Negligence Update – what’s new in...

4 New Square Chambers: In Brief ·

2020/07/21

A podcast by Helen Evans KC, Anthony Jones and Seohyung Kim bringing you up to date with the key professional negligence developments in 2019 and 2020. The podcast will include: Asking whether the approach to vicarious liability has become more sophisticated Considering how courts are implementing the Patel v Mirza 'policy-based' approach to the doctrine of illegality Reviewing where we are on the 'loss of a chance' doctrine, and how the vexed question of after-available evidence fits

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49:17

Art disputes in times of pandemic

4 New Square Chambers: In Brief ·

2020/07/14

Murray Rosen KC, an arbitrator and mediator and a member of the new Court of Arbitration for Art at The Hague, discusses the special features of dispute resolution in Art disputes, including a comparison between recent court cases and ADR methods, and the impact of the COVID-19 virus on procedures, especially remote hearings and meetings.

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23:54

Claims and circumstances: continuity of coverage in...

4 New Square Chambers: In Brief ·

2020/06/30

A look at how discontinuity of insurance coverage may arise for insurance policies written on a ‘claims made’ basis. This has particular resonance for professional persons who may believe they have seamless cover so long as they take out back-to-back yearly policies. Discontinuity problems are analysed in relation to both the ‘claims’ and ‘circumstances’ attachment mechanisms typically written into professional indemnity insurance policies. This podcast illustrates how, outside the regulatory sphere

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25:15

“Lawfare”, big money divorces, and the impact of the...

4 New Square Chambers: In Brief ·

2020/06/16

In a world where Russian oligarchs refer to litigation as “lawfare”, in this podcast we look at the issues arising where personal commercial rivalries are played out in spurious litigation. We go on to consider the new phenomenon of malicious prosecution claims arising from big money divorces, touching finally on the professional liability exposure of lawyers who have acted for the tortfeasor in maliciously prosecuted or abusive civil proceedings.

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46 results

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