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Sarah Day

Senior Associate
Solicitor Advocate

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Sarah is a Senior Associate and Solicitor Advocate in the Insurance and Reinsurance Group and is based in Bristol. Sarah specialises in resolving professional negligence and insurance coverage disputes, in particular claims against solicitors relating to a wide variety of issues including conveyancing technicalities, undue influence, settlement advice, withdrawal of part 36 offers, and pensions advice. Sarah also advises in respect of coverage and policy response in relation to MTC wordings, including:- where firms which have been intervened (particularly on the grounds of dishonesty) and later face negligence/breach of trust claims; where Insureds are called before the SDT and/or enter into regulatory settlement agreements with the SRA; successor practice issues; and client account shortfalls, including where cybercrime and/or fraud are suspected.

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Education

  • 2008 – LPC, College of Law, Chester
  • 2007 – GDL, College of Law, Chester
  • 2005 – BA Geography, University of Cambridge
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Feed

06/09/2022
Limitation in claims against insurers under the Third Parties (Rights against...
In one of the first decisions on limitation under the Third Parties (Rights against Insurers) Act 2010, the Leeds County Court decided that, for claims against insurers, time continues to run for limitation...
05/10/2021
Proposal forms – risk of waiver of material information
The High Court has set out the principles that apply to the construction of questions in an insurer’s automated online underwriting system and the circumstances in which an insurer’s questions may...
07/08/2019
IFA PI: s.39 FSMA and the scope of a Principal’s liability when ARs act...
The Court of Appeal has upheld the decision that the Principal was not liable for the acts of an AR for which the Principal had not accepted responsibility. The claims against the Principal firm arose...
28/05/2019
D&O Insurance: Anti-suit injunction granted to suppress US-issued claim
The Commercial Court has granted an application by a D&O insurer for an anti-suit injunction against an individual claiming to be an insured under the D&O policy. The defendant ‘insured’ (who himself...
01/05/2019
Reinsurance: spiking of mesothelioma claims versus the duty of good faith...
The Court of Appeal has confirmed the rules set out in Fairchild and resultant law regarding mesothelioma claims and the exceptional rules of causation in such cases and their application to insurance...
18/10/2018
Insurance brokers’ negligence: the approach to causation
The court has provided useful clarification on the approach to causation in claims against insurance brokers, in particular what a claimant has to prove in order to succeed in establishing whether the...
12/06/2018
Insurance brokers’ duties: duty of disclosure and the eliciting of information...
In a decision that will be welcomed by the broking community, the court has taken the opportunity to set limits upon the duties owed by brokers (where an extremely high standard has been set in recent...
16/05/2018
Property insurance: conditions precedent and interpretation of terms in...
In the context of a property insurance policy, the court has interpreted the meaning of the terms ‘storage’ and ‘com­bust­ible’ and held on the facts that there had not been breaches of conditions...
20/04/2017
Professional Negligence: Supreme Court decision in BPE Solicitors v Hughes-Hol­land...
The Supreme Court provided important clarification of SAAMCO last month in BPE Solicitors and another v Hughes-Holland (in substitution for Gabriel). The issue on appeal was what damages are recoverable...
27/03/2017
Insurance: Supreme Court ruling on aggregation
The Supreme Court has handed down the long awaited final decision in the case of AIG v Woodman & others. The Supreme Court was asked to consider the meaning of the phrase “related matters or trans­ac­tions”...
21/04/2016
Solicitors' PI: AIG and Aggregation - where are we now?
The Court of Appeal has given the long awaited judgment in AIG Europe Limited v OC320301 LLP and Others. The Court of Appeal was asked to consider the true construction of the aggregation wording in clause...
25/11/2013
Property damage: tree roots
The Court of Appeal have upheld the decision of the High Court to award a landowner £150,000 in compensation for damage caused to her property by trees growing at least 33 metres away in a local park...