We successfully resolved a cyber claim in which €300,000 was misappropriated by an Eastern European cybercriminal from an Irish firm of solicitors. The potential liability of the bank which facilitated the transaction was explored as well as the scope for holding the external IT contractors responsible for the loss. Through swift intervention, it proved possible to have the funds frozen in the Latvian bank and, with the assistance of a local firm of solicitors, the funds were successfully recovered in full following a court action, leaving the firm at no loss.

Defending seven sets of related High Court professional negligence proceedings against a firm of accountants, arising from a dispute as to whether loans taken out by investors were recourse to property only or full recover. The ‘real’ exposure for our client was in excess of €2m, but a settlement was brokered for a net €200,000 ‘all in’. This was facilitated by agreeing to purchase the residue of the loan with the new charge holder, in an innovative solution that saved the insurers over €2m in liability that would otherwise have crystalised.

In this case, the claimant, a customer in the Insured's retail premises, alleged that he was falsely accused of stealing from the shop. In contrast the insured advised that the claimant regularly came into the shop intoxicated and was requested to leave due to his condition. The claimant alleged that he paid for an item at the till and when he was leaving the shop the staff member came from behind the counter and accused him of not paying for another item.

The insured retained the CCTV footage of the till area covering all tills within the shop with interrogation of this footage, indicating that no incident of the sort alleged by the claimant could be seen. The claimant's solicitor sought access to the CCTV held in respect of this incident under a Data Access Request, with DWF liaising with the insured in management of this request to include arranging for pixilation of the footage and a review of documents. Both the cctv and documents (Accident Report Form, Witness Statements – redacted as appropriate) were provided to the solicitors in line with Data Access requirements.

We delivered robust investigations to ensure retention of CCTV of event – before, during and in the aftermath, along with statements from employees concerned, followed up by interviewing relevant staff / management. This led to the conclusion that this was a claim with no merit. We invited solicitors to withdraw, followed by full liability denial. When indications were made of the intention to issue proceedings, (to be lodged within 1 year of incident) panel retained with continuation of robust denial, followed by full liability consultation with insured's staff with panel and counsel. On the basis of rigorous investigations and robust stance on liability, the claimant withdrew their claim and a Notice of Discontinuance was filed.