Claims against professional advisers

Settlements - babies and bath water

When settling a dispute it is usual for the defendant to seek the widest possible waiver of all claims that might be brought against them in the future. If the dispute is a genuine ‘one-off’, that might be thought acceptable, but if an unforeseen claim later arises you could be shut out from that claim due to the width of the waiver you signed when settling the earlier claim. Can it ever be sensible to settle beyond the identified dispute? The case below makes the point.

The 2019 Loan Charge

For those affected, the Finance (No. 2) Act 2017 contains some of the most significant changes to tax legislation in recent memory (the 2019 Loan Charge). The government has extended the deadline for registering an intention to settle from 31 May 2018 to 30 September 2018. Some of the clients we have advised in relation to the changes are considering entering into insolvency arrangements for their companies and personally; whilst a number are pursuing their negligent advisers for the losses suffered.
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