Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Posted September 21st, 2016 in banking, duty of care, financial advice, financial regulation, insurance, negligence, news by tracey

‘A long-standing legal test, that helps to determine whether professionals meet their duty of care to clients is not appropriate for determining whether UK investment advisers have sufficiently communicated with investors to be said to have provided suitable advice, the UK High Court has said.’

Full story

OUT-LAW.com, 20th September 2016

Source: www.out-law.com

Comments Off on Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

Full story

Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

Comments Off on Fraud – several bites of the cherry? – Zenith PI

Drones: flightpath to the future? – Halsbury’s Law Exchange

Posted September 6th, 2016 in aircraft, data protection, insurance, news, privacy, regulations by sally

‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’

Full story

Halsbury’s Law Exchange, 5th September 2016

Source: www.halsburyslawexchange.co.uk

Comments Off on Drones: flightpath to the future? – Halsbury’s Law Exchange

Drones: flightpath to the future? – Counsel

Posted September 1st, 2016 in aircraft, data protection, insurance, news, privacy, regulations by sally

‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’

Full story

Counsel, September 2016

Source: www.counselmagazine.co.uk

Comments Off on Drones: flightpath to the future? – Counsel

Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

Comments Off on Insurance surgery: English drama or Greek tragedy? – New Law Journal

Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Posted August 31st, 2016 in appeals, costs, defamation, fees, insurance, media, news, Supreme Court by sally

‘The Supreme Court is to return to the issue of recoverability after granting permission to appeal in a case leapfrogged from the High Court about costs in defamation.’

Full story

Litigation Futures, 30th August 2016

Source: www.litigationfutures.com

Comments Off on Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Finally – insurers get it in the neck for not passing on whiplash savings – Legal Futures

‘The insurance industry had a taste of its own PR medicine over the weekend after The Times accused insurers of “cheating motorists” by not passing on whiplash savings.’

Full story

Legal Futures, 30th August 2016

Source: www.legalfutures.co.uk

Comments Off on Finally – insurers get it in the neck for not passing on whiplash savings – Legal Futures

Are you aware of the impact of the Insurance Act? – Legal Futures

Posted August 30th, 2016 in contracts, disclosure, fraud, insurance, legislation, news by sally

‘You may not have picked up on it, but the recent change to The Insurance Act 2015 is the most significant update to commercial insurance law in the last 100 years, overhauling principles originally laid down by the Marine Insurance Act 1906. The consequences are far-reaching and mean that it is not just your regulator that is interested in ensuring you have adequate risk management in place. Whilst insurers tell us the intention of the new Act is to create a more balanced relationship between insurer and customer, it seems to be a potential landmine for law firms.’

Full story

Legal Futures, 26th August 2016

Source: www.legalfutures.co.uk

Comments Off on Are you aware of the impact of the Insurance Act? – Legal Futures

Insurance fraudster who tried to blame his solicitor jailed for eight months – Litigation Futures

Posted August 26th, 2016 in contempt of court, fraud, insurance, news, personal injuries, sentencing, solicitors by sally

‘A man who brought a fraudulent personal injury claim, and then tried to blame his solicitor for bringing the action without his knowledge, has been jailed for eight months for contempt of court.’

Full story

Litigation Futures, 25th August 2016

Source: www.litigationfutures.com

Comments Off on Insurance fraudster who tried to blame his solicitor jailed for eight months – Litigation Futures

Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

Full story

Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

Comments Off on Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Advertising watchdog raps CMC for misleading consumers about fees – Legal Futures

Posted August 17th, 2016 in advertising, claims management, fees, insurance, news by sally

‘A claims management company in Manchester has become the latest to be slapped down by the Advertising Standards Authority (ASA) after failing to make clear to potential customers that the amount of money they could receive was before its 33% fee was deducted.’

Full story

Legal Futures, 17th August 2016

Source: www.legalfutures.co.uk

Comments Off on Advertising watchdog raps CMC for misleading consumers about fees – Legal Futures

‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

Posted August 12th, 2016 in contracts, disclosure, insurance, misrepresentation, news by sally

‘Sweeping changes to UK commercial insurance law described as the “biggest overhaul since the introduction of the 1906 Marine Insurance Act” come into force today.’

Full story

OUT-LAW.com, 12th August 2016

Source: www.out-law.com

Comments Off on ‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

Full story

UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

Comments Off on What lies do to claims – the Supreme Court – UK Human Rights Blog

Claimant wins credit hire argument over ‘super car’ – Litigation Futures

Posted August 5th, 2016 in accidents, insurance, news, road traffic by tracey

‘A claimant who drove a top-of-the-range Mercedes while his McLaren supercar was being repaired has recovered the cost of the credit hire, despite owning other high-spec vehicles, including two Aston Martins.’

Full story

Litigation Futures, 4th August 2016

Source: www.litigationfutures.co.uk

Comments Off on Claimant wins credit hire argument over ‘super car’ – Litigation Futures

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

Full story

Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

Comments Off on MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

Full text

Ministry of Justice, 29th July 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Comments Off on Claims Management Regulator – Misleading marketing statements – Ministry of Justice

Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

Full story

Litigation Futures, 29th July 2016

Source: www.litigationfutures.com

Comments Off on Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

Full story

Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

Comments Off on ‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Third party rights of direct action against insurers due to come into force – OUT-LAW.com

Posted July 29th, 2016 in insolvency, insurance, news, third parties by tracey

‘New rights for third parties to bring direct actions against insurers in the event that an insured party against which they have a claim becomes insolvent will come into force on 1 August 2016.’

Full story

OUT-LAW.com, 28th July 2016

Source: www.out-law.com

Comments Off on Third party rights of direct action against insurers due to come into force – OUT-LAW.com

‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

Full story

Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

Comments Off on ‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette