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23 January 2024
Issue: 8056 / Categories: Legal News , Profession , Insurance / reinsurance
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Professional liability predictions 2024

‘Deep pocket’ professional indemnity claims could ‘re-emerge’ this year due to economic ‘headwinds’, according to DAC Beachcroft’s ‘Informed insurance’ predictions for 2024

‘Deep pocket’ professional indemnity claims could ‘re-emerge’ this year due to economic ‘headwinds’, according to DAC Beachcroft’s ‘Informed insurance’ predictions for 2024

The potential is ‘real’ due to ‘the highest quarterly insolvency numbers since Q2 2009’ when the last economic downturn was at its peak combined with an ‘apparent slowing in the real estate sector’ and consequent defaults, climate change risks, sustainability demands from clients, and concerns about cyber risks.

The firm’s insurance specialists also warn it is ‘likely that claims will be made against solicitors arising from new requirements under the Building Safety Act 2022’, regarding cladding and fire-related remediation work. Conveyancers who mistakenly identify a property as protected when it’s not could be caught out. DAC says: ‘The risk for solicitors is checking whether the information provided is accurate.

‘Solicitors acting for sellers may be put under pressure to sign undertakings, pursuant to which strict liability for errors would result—something to be avoided!’

Another cause of professional negligence claims is ‘the lack of clarity around the threshold for improper conduct’ regarding Strategic Litigation Against Public Participation (SLAPPs).

DAC recommends firms and in-house teams ‘upskill’ their climate-related advice or else face increasing claims in this area. It suggests not only extra training for solicitors in this area but also ensuring clients are clear about the ‘limits of the advice they will receive and when they may need to instruct a specialist’.

Also lurking in the undergrowth for solicitors this year is generative artificial intelligence (AI), which will ‘fundamentally alter the practice of law’ but also bring ‘the prospect of claims’. The risk of ‘hallucinations’ where AI invents content means lawyers must verify all content, and there are further risks such as breach of confidentiality, intellectual property infringement, breaches of cybersecurity and privacy laws and publication of defamatory content.

View more at: https://insurance.dacbeachcroft.com/predictions/professional-liability.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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