4 New Square Chambers: In Brief

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 m...

In this podcast, Jamie Smith KC , Helen Evans KC and Hannah Daly review where we are with dishonest assistance and unlawful means conspiracy claims after Group 7 and Stobart / The Racing Partnership. A look, too, at insurers’ recovery options in the event that the insured is engaged in ‘naughty conduct’.

Advocacy is often called the art of persuasion. This podcast aims to provide some practical advice on preparing and presenting disciplinary cases in a thorough and compelling manner. In the first section of the podcast, Diarmuid Laffan deals with some of the issues that arise, whether acting for a professional or a regulator, upon initial instruction and when preparing a disciplinary case. In the...

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.

In this podcast, Richard deals with some of the issues that policyholders who took out sporting event cancellation insurance and their insurers are likely to be grappling with and which may well end up being played out in the courts or in arbitration; and then Sarah answers some questions relating to other forms of insurance including property damage and business interruption, credit risk, politic...

The Supreme Court has had two chances to bring some much needed clarity to these questions, but has ducked them. This podcast with Mark Cannon QC and Hugh Evans, provides the answers.

In this podcast Nicole Sandells QC and Miles Harris take a practical look at how to fashion and pursue proprietary routes to recovery – and what to do when you can’t find one, including a look at the restitution and unjust enrichment wild card, rights to information and documentation beyond the CPR, and factoring in the particular issues when professional indemnity insurers seek recovery.

In this podcast Neil Hext KC and Matthew Bradley KC 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 th...

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.

A review of 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.

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. Visit our website to download the accompanying talk handout.

With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.

In South Australia Asset Management Corporation v. York Montague (“SAAMCO”) the House of Lords held that a lender suing a valuer for negligence could only recover loss falling with the scope of the duty. Lord Hoffmann’s speech had wide-ranging implications for the whole law of professional negligence. This included the so-called SAAMCO cap, which operates as a restriction on the level of damages a...

In this podcast, newly appointed silks Siân Mirchandani KC and Dan Saoul KC discuss their main practice areas, life at the bar and their journey to becoming King’s Counsel at 4 New Square – and what being a KC means to a career at the Bar.

In this podcast, junior barrister Hannah Daly shares her journey to the Commercial Bar, offering insights into the pupillage experience, her first year as a tenant at 4 New Square Chambers, and the lessons she has learned along the way.

In this podcast, Seohyung Kim and Melody Ihuoma discuss their path to the bar, tips on securing pupillage and their experience of the pupillage year at 4 New Square Chambers in London.

In this podcast, barristers Helen Evans and Anthony Jones provide an insight into the realities of practice as juniors at a commercial set like 4 New Square, explain their different paths to the bar, and set out what they see as the key qualities required for successful pupillage applicants.

In this podcast, Miles Harris and Lizzy Stewart discuss 4 New Square’s process for recruiting pupils. Miles is head of the Pupillage Committee and Lizzy is 4 New Square’s Chief Executive and Senior Clerk. They both play a leading role in the pupillage process. In conversation they talk about what 4 New Square is looking for in prospective pupils, the criteria they apply when dealing with applicati...

The subject of shadow directors is highly topical as a result of the drive towards greater corporate transparency and establishing who really owns and controls companies as well as the desire, particularly in insolvency, to maximise recoveries following on from corporate wrongdoing. If a company can take steps not only against its former properly appointed and registered directors, but also agains...

Miles Harris focuses on what practitioners can learn about satisfying proving a breach of duty: When is a broker required to give advice in writing? What does a broker have to do in order to discharge its obligation to elicit potentially material facts from an insured? When must a broker repeat advice on the suitability of cover? Should a careful party always seek permission to adduce expert broki...

Generally speaking, the law’s protection of legal professional privilege (both legal advice privilege and litigation privilege) is absolute, but the courts do not always welcome the resulting inhibition on their ability to get to the truth, and the boundaries of privilege are often quite vigorously policed. In this talk Amanda and Charles examine two recent lines of authority, which might both be...

This talk looks at professional liability claims brought in England but which have a cross-border element.  Listeners will follow how to found or resist jurisdiction in England where the defendant is situated in another jurisdiction, either within the current UK, within the current EU, or anywhere in the rest of the world; and how the rules are affected by Brexit. Paul also looks at the exposure o...

In this episode, Jamie Smith KC, Helen Evans, and Anthony Jones survey the current state of play for claims against accountants and auditors following the Supreme Court’s decision in BPE v Hughes-Holland [2018] AC 599 and the two important cases handed down on consecutive days in January 2019: Manchester Building Society v Grant Thornton [2019] EWCA Civ 40 and AssetCo v Grant Thornton [2019] EWHC...

In order to do that, we are going to address the following: - What is sexual harassment? - By reference to a hypothetical example: who are the relevant stakeholders, what are their rights and obligations? - Investigation by the firm and reporting to the regulator – does one follow the other or should they be done at the same time? - What are the problems and pitfalls of non-disclosure agreements?

The talk is borne primarily of thoughts and considerations which arose in the course of Palmer Birch v Lloyd [2018] 4 WLR 164. In that case, Matthew acted for the successful claimant, which faced and overcame a defence founded on the separate legal personality of companies. The Court also rejected the contention that a defence of justification exists in the tort of unlawful means conspiracy. Havin...