Introduction
In our latest Focus On: Professional Liability, we have collated our activity and articles from recent months, including great news of a judicial appointment in the team, as well as links to our popular Brews including one on the ever prevalent and topical threat of AI.
News
Ebony Alleyne appointed by the Lord Chief Justice as a Deputy Master of the King’s Bench Division
We are delighted to announce that Ebony Alleyne has been appointed by the Lord Chief Justice as a Deputy Master of the King’s Bench Division. Ebony will sit in the Royal Courts of Justice.
Joint Head of Chambers, Charles Bagot KC, commented: “We could not be more thrilled that Ebony has been appointed to this prestigious part-time Judicial role following the latest competitive selection exercise. Ebony will be an outstanding addition to the ranks of High Court Deputy Masters.”
Ebony will continue to practise at Gatehouse Chambers and this judicial role will complement her successful construction and commercial practice.
Recent articles
ChatGPT – Generative AI and the Law
Readers will probably have heard by now of OpenAI’s ChatGPT. Many of you will have experimented with it, or one of the other available generative artificial intelligence (AI) models such as Microsoft’s Bing. If you have not yet utilised any of these new technologies, you will very likely have read about them. This article is based on my experience with this novel technology, chiefly ChatGPT, as at May 2023, and aims to provide some thoughts on the potential benefits and pitfalls for the legal profession in its use as well as examples of potential use cases.
Click here to read the full article by Charlotte John.
Why Can’t We Have Both? Solicitors’ Liens in Equity and the Taking of New Security
The equitable lien is the traditional means by which equity provides a form of security for the recovery by solicitors of their agreed charges for the successful conduct of litigation, out of the fruits of that litigation. As Lord Briggs explained in the recent case of Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC 21 at [3]-[4], the solicitor’s equitable lien is a security interest and is enforceable against the proceeds of the litigation up to the amount contractually due to the solicitor, in priority to the interest of the successful client, or anyone claiming through the client. As stated in both Gavin Edmondson and Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8, it also serves the important purpose of promoting access to justice by enabling a client to obtain legal representation in cases and in circumstances where it is likely that payment can only be made out of the proceeds of litigation.
Read the full article by Emily Husain here.
Upcoming events
Professional Liability Conference
Gatehouse Chambers’ Professional Liability Team will be hosting their annual in-person conference on 9th November 2023. The speakers will provide insights and updates on a range of different issues. To register your interest in attending, please email events@gatehouselaw.co.uk.
On Demand
Professional Liability Brew: Discovery Land v Axis Specialty and the application of the dishonesty exclusion in professional indemnity policies
In this webinar Sarah McCann and Emma Hynes discuss the recent Commercial Court judgment of Discovery Land v Axis Specialty [2023] EWHC 779 and the application of the dishonesty exclusion in professional indemnity policies with particular reference to what might amount to condonement within that exclusion.
Watch a recording of the webinar here.
Unintelligent use of artificial intelligence: professional negligence and AI (in-person seminar)
Daniel Gatty, Priya Gopal, William Golightly and Thomas Mitty discuss the developing challenges that AI presents in a professional negligence context, including:
- The increasing role of AI in the property, insurance and legal sectors
- The extent to which industry guidance will inform AI-related liability
- How the courts have already grappled with these issues
Click here to watch a recording of the seminar.
Professional Liability Brew: Sense and Fact Sensitivity
Applying Manchester Building Society v Grant Thornton, and other lessons from Taylor v Legal & General Partnership Services, James Hall and Alice Whyte examine the mortgage misselling professional negligence case of Taylor; how MBS v GT featured and considered causation, limitation and practical issues arising from the judgment.
Click here to watch a recording of the webinar.
Professional Liability Conference
The speakers provided insights and updates on a range of different issues including:
- Solicitors’ liability and scope of duty in property matters – including Spire Property Development v Withers – with John de Waal KC and William Golightly
- Alternative routes to recovery: who to pursue when the professional can’t pay? Tom Bell, Sara Ibrahim and Priya Gopal will explore the various indemnity funds that exist to compensate victims of professional negligence where the defendant professional is insolvent. They will cover discrete compensation funds, the Financial Services Compensation Scheme, and the Third Parties (Rights Against Insurers) Act 2010
- The current law on assumption of responsibility of construction consultants – with Helena White and Michael Levenstein
Sara Ibrahim features in Fox & Partners’ podcast series
Sara Ibrahim, who specialises in AI at work, joined Ivor Adair (Fox & Partners) to examine the legal and practical implications of Chat GPT in the workplace.
Click here to listen.
Learn more about Sara’s expertise here.
Areas of practice
The team covers all aspects of Professional Liability including:
- Clinical Negligence & Personal Injury
- Financial Professionals, Insolvency Professionals, Directors & Officers
- Legal Professionals
- Property & Construction Professionals
You can find out more about each area by going to the Professional Liability page on our website.
If you would like to discuss a possible instruction, please contact the Practice Management Team.
If you are reading this but not yet signed up to receive our mailings, please do sign up here.