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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Mitchell reaches hire? – Hardwicke Chambers

Posted May 13th, 2014 in appeals, civil procedure rules, disclosure, insurance, news by sally

‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’

Full story

Hardwicke Chambers, 2nd May 2014

Source: www.hardwicke.co.uk

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New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

Posted May 6th, 2014 in asbestos, courts, fees, insurance, lord chancellor, news, personal injuries, speeches by tracey

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

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Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures

Posted March 25th, 2014 in insurance, law firms, legal profession, news by sally

‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’

Full story

Legal Futures, 25th March 2014

Source: www.legalfutures.co.uk

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Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

Full story

The Independent, 10th March 2014

Source: www.independent.co.uk

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High Court untangles claim and counterclaim over law firm sale – Legal Futures

Posted February 17th, 2014 in insurance, law firms, limited liability partnerships, news by sally

‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’

Full story

Legal Futures, 17th February 2014

Source: www.legalfutures.co.uk

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Apollo Theatre ceiling collapse family seeks payout – BBC News

Posted February 10th, 2014 in accidents, compensation, health & safety, insurance, news, theatre by tracey

‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’

Full story

BBC News, 7th February 2014

Source: www.bbc.co.uk

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Mind your step – New Law Journal

Posted February 6th, 2014 in insolvency, insurance, law firms, legal services, news, solicitors by sally

‘Simon Love provides a warning to firms facing financial difficulty.’

Full story

New Law Journal, 5th February 2014

Source: www.newlawjournal.co.uk

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Court of Appeal to rule on standard of proof in ‘follow the settlement’ clause dispute – OUT-LAW.com

Posted January 31st, 2014 in insurance, law reports, standard of proof by sally

‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’

Full story

OUT-LAW.com, 30th January 2014

Source: www.out-law.com

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