Towards the end of 2018, a Scottish court threw a spanner in the works of those seeking to limit their liability in collateral warranties, by ruling that a prescription period (limitation period) in a collateral warranty was not impacted by the presence of ‘no greater liability’ and ‘equivalent rights’ clauses, which would otherwise have had the effect of ‘time barring’ the claim.
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Organisations are increasingly dependent on information and communication technology (ICT) for their day-to-day activities. Whilst this delivers significant benefits, it may also introduce new risks, which if not managed correctly can significantly impact upon operations, financial performance, legal compliance and reputation. Research suggests that the cost of cyber crime in the UK is £34.1 billion per year.
Traditionally claimants always used to plead complete claims in front of judges, so that if the judge felt minded to find for the claimant then the court would go on to award compensation at the same time. The unsuccessful defendant consultant and its insurers would be bound to pay any damages (possibly with costs in addition) within a relatively short timescale.
It has been more than 10-years since Griffiths & Armour published ‘Professional Indemnity insurance: the not so super market’, a paper written as the financial crash of 2008 took hold and the talk in the insurance industry was of insurer withdrawal, a hardening market, increased cost, restricted class wordings and generally challenging times.
Engineers are commonly asked to sign certificates containing broadly worded statements on conformity of the works with drawings, compliance with relevant regulations or general quality of build. These certificates are usually provided for the benefit of third parties, i.e. for someone other than the engineer’s client.
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The recent Scottish decision in Midlothian Council v Bracewell Stirling  CSIH 21 has confirmed what any lead consultant would have hoped in relation to his responsibility for others on the construction team.
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Griffiths & Armour are delighted to announce the relocation of our London teams to a new office in the City to cater for the company’s growth and continued focus on client service excellence.
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Businesses have been given a stark reminder about how seriously they need to take any data breach which exposes sensitive customer data following two record breaking fines totally nearly £300m for British Airways and Marriott.
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The Lord Chancellor recently announced the conclusion of the Personal Injury Discount Rate (PIDR) review under the Civil Liability Act 2018. From 5 August 2019, the discount rate will increase from -0.75% to -0.25%.