Consumer panel calls into question barristers’ £500,000 indemnity limit – Litigation Futures

Posted September 17th, 2014 in barristers, indemnities, insurance, legal profession, legal services, news by tracey

‘The Legal Services Consumer Panel has called into question the existing minimum indemnity cover limit of £500,000 for barristers and called for more research before the limit is extended to firms regulated by the Bar Standards Board (BSB).’

Full story

Litigation Futures, 17th September 2014

Source: www.litigationfutures.co.uk

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Guilty, the man who conned his brother out of £1.5m inheritance – Daily Telegraph

Posted September 10th, 2014 in families, forgery, fraud, insurance, news, probate, trusts by sally

‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’

Full story

Daily Telegraph, 9th September 2014

Source: www.telegraph.co.uk

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Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

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Riot damages reforms are questioned by insurers – BBC News

Posted August 5th, 2014 in compensation, criminal damage, insurance, news, police, violent disorder by sally

‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

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Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

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BBC News, 3rd August 2014

Source: www.bbc.co.uk

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Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

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Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

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Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

Full story

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

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Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

Full story

Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

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Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by tracey

‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

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Businessman jailed for fraud after faking own death – Daily Telegraph

Posted June 18th, 2014 in debts, fraud, insurance, news, sentencing by sally

‘Debt-ridden businessman Sanjay Kumar faked his own death to claim millions of pounds in life insurance.’

Full story

Daily Telegraph, 17th June 2014

Source: www.telegraph.co.uk

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Come friendly bombs… – NearlyLegal

Posted June 16th, 2014 in insurance, landlord & tenant, leases, news, service charges, terrorism, tribunals by sally

‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’

Full story

NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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Scotland and another v British Credit Trust Ltd – WLR Daily

Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252

‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’

WLR Daily, 10th June 2014

Source: www.iclr.co.uk

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Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

Full story

UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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New laws to stop claims firms giving away tablet PCs – BBC News

‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’

Full story

BBC News, 7th June 2014

Source: www.bbc.co.uk

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Exaggerated whiplash claims to be thrown out of court in Government crackdown – The Independent

Posted June 9th, 2014 in accidents, compensation, fraud, insurance, news, personal injuries by sally

‘Anyone exaggerating whiplash or other injuries to get compensation will be thrown out of court in a Government crackdown on dishonest claims.’

Full story

The Independent, 7th June 2014

Source: www.independent.co.uk

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Civil liability and undertakings – Hardwicke Chambers

Posted June 6th, 2014 in indemnities, insurance, news, professional conduct, solicitors, undertakings by sally

‘Undertakings given by solicitors to third parties are strictly enforced. Generally speaking solicitors would expect their professional indemnity insurers to pick up the claim, but this is not always the case.’

Full story

Hardwicke Chambers, 21st May 2013

Source: www.hardwicke.co.uk

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Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime – WLR Daily

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same [2014] EWCA Civ 682;  [2014] WLR (D)  230

‘In order for persons to have been “riotously and tumultuously assembled together” for the purposes of a claim under section 2(1) of the Riot (Damages) Act 1886 there had to have been a riot within the meaning of section 1 of the Public Order Act 1986. The trial judge had to conduct an inquiry, focusing on whether property had been damaged or destroyed as a result of mob violence, and carrying out an evaluative exercise to determine whether the assembly was riotous and tumultuous in the light of the primary facts as found.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

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FCA review of insurance brokers’ conflict handling shows that “more proactive approach” is needed, says expert – OUT-LAW.com

‘The Financial Conduct Authority (FCA) found that some of the largest brokers that serve small businesses did not have proper processes in place to manage the “inherent conflicts” that arise as part of their work.’

Full story

OUT-LAW.com, 29th May 2014

Source: www.out-law.com

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Businesses win riot damage ruling at Court of Appeal – BBC News

Posted May 21st, 2014 in appeals, arson, compensation, insurance, news, police, violent disorder by tracey

‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’

Full story

BBC News, 20th May 2014

Source: www.bbc.co.uk

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