Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
Full story

Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

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Start the clock – New Law Journal

Posted April 30th, 2015 in insurance, legal profession, news, privilege by sally

‘When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows.’

Full story

New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

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Moreno v Motor Insurers’ Bureau – WLR Daily

Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177

‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

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Single-person ‘firms’ dominate first tranche of barrister entities – Legal Futures

Posted April 27th, 2015 in alternative business structures, barristers, indemnities, insurance, news by sally

‘All but one of the entities authorised by the Bar Standards Board since the beginning of this month consist of a single barrister, with the other made up of two barristers, it has emerged.’

Full story

Legal Futures, 27th April 2015

Source: www.legalfutures.co.uk

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Mutuals’ Deferred Shares Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in insurance, legislation, shareholders by sally

Mutuals’ Deferred Shares Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

Full story

Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

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Those who settle claims “with eyes wide open” cannot revive them, appeal judges tell insurer – Litigation Futures

Posted April 2nd, 2015 in insurance, misrepresentation, news, personal injuries by sally

‘An insurer cannot use the law of misrepresentation to unpick a personal injury settlement made with its “eyes wide open”, the Court of Appeal has ruled.’

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Litigation Futures, 1st April 2015

Source: www.litigationfutures.com

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Leaning towards insurable interests – Hardwicke Chambers

Posted March 31st, 2015 in insurance, negligence, news by sally

‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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FCA plans to ban ‘opt-out’ sales of add-on insurance products –

Posted March 27th, 2015 in consumer protection, financial regulation, insurance, internet by sally

‘UK financial services firms will be banned from using pre-ticked boxes and other methods to sell customers additional ‘add-on’ products when they are purchasing regulated financial products under plans published by the Financial Conduct Authority (FCA).’

Full story

OUT-LAW.com, 26th March 2015

Source: www.out-law.com

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NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

Full story

Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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Businesses line up to be regulated by Bar Standards Board – Legal Futures

Posted March 25th, 2015 in barristers, indemnities, insurance, news, regulations by sally

‘Sixteen businesses have so far completed their applications to be regulated by the Bar Standards Board (BSB), it has emerged.’

Full story

Legal Futures, 25th March 2015

Source: www.legalfutures.co.uk

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Regulator confirms minimum insurance terms for entities – Bar Standards Board

‘The Bar Standards Board (BSB) has today [24 March] published the minimum terms of the professional indemnity insurance it expects BSB-regulated businesses (“entities”) to have in place.’

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Bar Standards Board, 24th March 2015

Source: www.barstandardsboard.org.uk

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The Insurance Act 2015: practical changes for insurers to consider – OUT-LAW.com

Posted March 25th, 2015 in contracts, disclosure, fraud, insurance, Law Commission, legislation, news, Scotland by sally

‘The 2015 Insurance Act will, subject to an 18-month transition period, introduce what the UK government has described as “the biggest reform to insurance contract law in more than a century”.’

Full story

OUT-LAW.com, March 2015

Source: www.out-law.com

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

Full story

UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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Credit hire rates. Are they basically the same? – Park Square Barristers

Posted March 19th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’

Full story

Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

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Credit Hire Update: Stevens v Equity Syndicate Management Limited – Henderson Chambers

Posted March 17th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘In the most important credit hire decision since Bent, the Court of Appeal rules that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

Full story (PDF)

Henderson Chambers, March 2015

Source: www.hendersonchambers.co.uk

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Delaney v Secretary of State for Transport – WLR Daily

Posted March 17th, 2015 in appeals, compensation, drug abuse, EC law, insurance, law reports, uninsured drivers by sally

Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

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Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

Full story

Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

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BIG News In Credit Hire – The Court of Appeal rules that recoverable BHR for Claimant will be the lowest reasonable rate charged by comparable hire companies – Zenith PI Blog

Posted March 17th, 2015 in appeals, consumer credit, insurance, news, rent by sally

‘Traditionally, when assessing recoverable rates, credit hire companies have argued that where a range of comparable basic hire rates (BHR) can be shown from other companies, some of which are higher than the credit hire rate claimed, the Claimant’s credit hire rate should be awarded in full.’

Full story

Zenith PI Blog, 16th March 2015

Source: www.zenithpi.wordpress.com

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