Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

Credit hire firm “voluntarily assumed” risk of claimants being dishonest – Legal Futures

Posted March 12th, 2024 in accidents, costs, insurance, news, personal injuries, road traffic by tracey

‘A High Court judge has refused to overturn a non-party costs order (NPCO) against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.’

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Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

Case Comment: Herculito Maritime Ltd and Ors v Gunvor International BV and Ors [2024] UKSC 2 – UKSC Blog

Posted February 29th, 2024 in charterparties, insurance, news, piracy, shipping law, war by sally

‘On 17 January 2024, the Supreme Court handed down judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post David McKie, Partner at CMS, comments on that judgment.’

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UKSC Blog, 27th February 2024

Source: ukscblog.com

ABI urges extension of injury damages tariff beyond whiplash – Legal Futures

Posted February 28th, 2024 in accidents, damages, insurance, news, personal injuries, road traffic by sally

‘The fixed tariff for whiplash claims should be extended to other injuries to help reduce motor insurance premiums, the Association of British Insurers (ABI) argued yesterday.’

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Legal Futures, 28th February 2024

Source: www.legalfutures.co.uk

PI world turns its attention to Supreme Court for mixed-injuries case – Legal Futures

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, personal injuries, Supreme Court by tracey

‘Whiplash claimants, insurers and their lawyers will be watching the Supreme Court closely tomorrow when it hears the appeal on how to value so-called mixed injury claims.’

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Legal Futures, 19th February 2024

Source: www.legalfutures.co.uk

Supreme Court rules that insurer should pay victim’s car hire losses – Law Society’s Gazette

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, road traffic, Supreme Court by tracey

‘An at-fault driver is liable for losses agreed in advance between a claimant and her hire car company, the Supreme Court has ruled.’

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Law Society's Gazette, 15th February 2024

Source: www.lawgazette.co.uk

Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog

Posted February 14th, 2024 in banking, chambers articles, employment, insurance, news by sally

‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’

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Kingsley Napley Employment Law Blog, 12th February 2024

Source: www.kingsleynapley.co.uk

Collapsed SSB “faces up to 1,400 negligence claims” – Legal Futures

Posted January 31st, 2024 in costs, insolvency, insurance, law firms, negligence, news by tracey

‘Consumer claims firm SSB Law, which went into administration earlier this month owing six litigation funders £200m, faces up to 1,400 professional negligence claims, it has emerged.’

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Legal Futures, 31st January 2024

Source: www.legalfutures.co.uk

Cheltenham man jailed for leading police on 141-mile chase in baby dash – The Guardian

Posted January 24th, 2024 in birth, dangerous driving, imprisonment, insurance, news, police, sentencing by sally

‘A man has been jailed for leading police on a dangerous 141-mile car chase through half a dozen police force areas because his partner was in labour and he wanted to get to her in time.’

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The Guardian, 23rd January 2024

Source: www.theguardian.com

Insurer not entitled to hold back evidence of potential PI fraud – Legal Futures

Posted January 8th, 2024 in damages, disclosure, fraud, insurance, news, personal injuries by tracey

‘An insurer was not entitled to hold back evidence that a claimant was a friend of the owner of the vehicle he collided with, hoping the claimant would lie about it in his witness statement, the High Court has held.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

Hitler partly to blame for 2021 blast damage, Court of Appeal confirms – Law Society’s Gazette

Posted December 19th, 2023 in explosives, insurance, news, war by tracey

‘A judge was correct to find that damage caused by the detonation of a 79-year-old German bomb was the fault of the Luftwaffe and not a 2021 bomb disposal squad, the Court of Appeal has ruled. In University of Exeter v Allianz Insurance plc, three judges led by Lord Justice Coulson dismissed an appeal by the University of Exeter against a High Court ruling earlier this year over a denied insurance claim for damage caused.’

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Law Society's Gazette, 18th December 2023

Source: www.lawgazette.co.uk

MoJ identifies where, but not why, OIC cases are being delayed – Legal Futures

Posted November 30th, 2023 in delay, electronic filing, insurance, Ministry of Justice, news, personal injuries by sally

‘The period between a liability decision and the insurer making a first offer is where the ever-lengthening delays in the Official Injury Claim (OIC) portal are occurring, the Ministry of Justice (MoJ) said yesterday.’

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Legal Futures, 30th November 2023

Source: www.legalfutures.co.uk

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Reassurances, Assurances or Uncertainties? – Hailsham Chambers

Posted November 15th, 2023 in appeals, chambers articles, insurance, jurisdiction, news by sally

‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’

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Hailsham Chambers, 5th October 2023

Source: www.hailshamchambers.com

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

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Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

The developing use of estoppel in the successful pursuit of claims against insurers – 4 New Square

Posted October 3rd, 2023 in chambers articles, estoppel, insurance, news by sally

‘4 New Square Chambers’ Carola Binney explores the developing use of estoppel in the successful pursuit of claims against insurers.’

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4 New Square, 28th September 2023

Source: www.4newsquare.com

Evidence “does not back up” insurer claims of ‘hiplash’ and ‘wristlash’ – Legal Futures

Posted September 26th, 2023 in accidents, compensation, insurance, news, personal injuries, road traffic by sally

‘Insurer assertions that the number of mixed injury cases has risen dramatically since the launch of the Official Injury Claim (OIC) portal are not borne out by the evidence, it was argued last week.’

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Legal Futures, 25th September 2023

Source: www.legalfutures.co.uk

Five companies fined £590,000 for making almost 2 million marketing calls targeting vulnerable people – The Independent

Posted September 21st, 2023 in advertising, elderly, fines, insurance, news, telecommunications by sally

‘Five companies have been fined a total of £590,000 for collectively making 1.9 million unwanted marketing calls to elderly and vulnerable people.’

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The Independent, 21st September 2023

Source: www.independent.co.uk

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by tracey

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk