31 episodes

ANALYSIS will examine a wide range of current issues in dispute resolution including commercial fraud, construction, costs and litigation funding, disciplinary and regulatory issues, insurance, international arbitration and commercial disputes, professional liability and sports. You will also hear from our barristers about their experiences of life at the Bar starting with pupillage.

ANALYSIS: Commercial Dispute Resolution And Life At The Bar 4 New Square Chambers

    • Business

ANALYSIS will examine a wide range of current issues in dispute resolution including commercial fraud, construction, costs and litigation funding, disciplinary and regulatory issues, insurance, international arbitration and commercial disputes, professional liability and sports. You will also hear from our barristers about their experiences of life at the Bar starting with pupillage.

    Art disputes in times of pandemic

    Art disputes in times of pandemic

    Murray Rosen QC, an arbitrator and mediator at 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.

    • 49 min
    Claims and circumstances: continuity of coverage in English insurance law

    Claims and circumstances: continuity of coverage in English insurance law

    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 where policies are written on pro-consumer terms, there are a number of ways in which the professional may be left without cover.

    • 23 min
    “Lawfare”, big money divorces, and the impact of the new tort of malicious prosecution of civil proceedings

    “Lawfare”, big money divorces, and the impact of the new tort of malicious prosecution of civil proceedings

    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.

    • 25 min
    Fraud and all that – professionals who know too much

    Fraud and all that – professionals who know too much

    In this podcast, Jamie Smith QC, Helen Evans 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’.

    • 40 min
    Do’s and don’ts of tribunal advocacy

    Do’s and don’ts of tribunal advocacy

    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 second section, Graeme McPherson QC gives a valuable ‘view from the bench’, in light of his experiences sitting as an arbitrator and as a tribunal Chair across a variety of professions and sporting bodies, which will include guidance on written advocacy, the presentation of evidence and submissions.

    • 45 min
    The Disclosure Pilot – where are we now?

    The Disclosure Pilot – where are we now?

    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.

    • 26 min

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