The Supreme Court published two judgments on how dishonesty affects insurance claims before the end of the most recent Trinity term:10 August 2016
Recent developments in Spanish Case Law as regards compensation in cases of Lawyer´s liability
Until recently, Spanish case law considered that the lawyer's obligations were obligations "to take measures" and not to obtain results. This means that, in the procedural acts, a lawyer was not expected to obtain a positive result but to act diligently according to the procedural acts.
Accordingly, in cases of lawyer´s civil liability, Spanish Courts usually gave a fixed amount that was not linked to the possibilities of success of the action but to the moral damage caused by the loss of opportunity.
However, this trend has changed in the recent years and recent decisions of the Spanish Supreme Court consider that lawyer's civil liability must be linked to the action that could not be exercised due to the lawyer´s negligence. These decisions are therefore calculating the damage caused as the probability of obtaining a favorable decision, increasing considerably the amount of the indemnity to be paid.
Moreover, the Spanish Supreme Court, by means of its recent Judgment dated 13 May 2014 goes even further and has granted for the first time an indemnity for both moral and material damages. Thus, the Supreme Court considered that the injured parties should be given a 100% of what they should have obtained if the lawyer (360, 607.26 Euros) had acted with the necessary diligence plus a fixed amount of 60,000 for the moral damages caused.
Yes – to an extent. In the case of Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) UKSC 2014/0252 (The Merwestone), the...21 July 2016