PRA proposes less stringent insurance regulatory reporting requirements – OUT-LAW.com

Posted January 16th, 2018 in consultations, EC law, insurance, news by sally

‘Plans to reduce regulatory reporting restrictions for UK insurers and mutuals under the Solvency II Directive have been published by the Prudential Regulation Authority (PRA).’

Full Story

OUT-LAW,.com, 15th January 2018

Source: www.out-law.com

Data Breaches, Vicarious Liability of Employers & the Impact on the Insurance Industry – Six Pump Court

Posted January 9th, 2018 in data protection, employment, insurance, news by sally

‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’

Full Story

Six Pump Court, 8th January 2018

Source: www.6pumpcourt.co.uk

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Court of Appeal dismisses challenge to finding that law firm made dishonest costs claims – The Guardian

Posted December 19th, 2017 in appeals, costs, fraud, insurance, law firms, news by sally

‘The Court of Appeal has rejected a Leeds law firm’s challenge to a ruling that it submitted a series of dishonest costs claims.’

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Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

High Court criticises regional costs judge for second-guessing ATE insurer – Litigation Futures

Posted December 19th, 2017 in appeals, costs, insurance, judges, news by sally

‘A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled.’

Full Story

Litigation Futures, 18th December 2017

Source: www.litigationfutures.com

Broker fined £4m by FCA over ‘truly independent’ claim – OUT-LAW.com

Posted December 13th, 2017 in financial regulation, fines, insurance, news, subsidiary companies by sally

‘An insurance broker has been fined over £4 million by the Financial Conduct Authority (FCA) for failing to adequately manage potential conflicts of interest involving its parent company.’

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OUT-LAW.com, 12th December 2017

Source: www.out-law.com

Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

Full Story

Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com

High Court: Barristers may be entitled to lien but legal expenses insurers are not – Litigation Futures

Posted December 4th, 2017 in barristers, insurance, interest, news, remuneration by sally

‘Barristers may now be entitled to same lien that solicitors can have over the proceeds of litigation, the High Court has suggested, as it ruled that legal expenses insurers do not.’

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Litigation Futures, 4th December 2017

Source: www.litigationfutures.com

Regulators toughen expectations on financial services firms’ Brexit preparations – OUT-LAW.com

Posted November 29th, 2017 in EC law, financial regulation, insurance, news, pensions by sally

‘The European Insurance and Occupational Pensions Authority (EIOPA) has warned UK financial firms that they should not rely on leniency from local regulators in the EU if the UK exits the trading bloc without a deal on the cross-border provision of financial services provision in place.’

Full Story

OUT-LAW.com, 28th November 2017

Source: www.out-law.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

Full Story

Litigation Futures, 28th November 2017

Source: www.litigationfutures.com

Court of Appeal: voidable ATE insurance is not adequate security for costs – OUT-LAW.com

Posted November 28th, 2017 in costs, insurance, news by sally

‘After the event (ATE) litigation costs insurance which can be voided is not adequate security for costs, the Court of Appeal has ruled.’

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OUT-LAW.com, 27th November 2017

Source: www.out-law.com

Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC) – Tanfield Chambers

Posted November 24th, 2017 in insurance, landlord & tenant, news by sally

‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’

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Tanfield Chambers, 1st November 2017

Source: www.tanfieldchambers.co.uk

Court of Appeal: ATE that can be voided is not adequate replacement for security for costs – Litigation Futures

Posted November 24th, 2017 in costs, indemnities, insurance, news by tracey

‘After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, Lord Justice Longmore said the case raised “important questions of principle” because the original decision showed “there may be a tendency (I put it no higher) for judges at first instance to accept that an ATE policy can stand as security for costs.’

Full Story

Litigation Futures, 23rd November 2017

Source: www.litigationfutures.com

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

Full Story

Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’

Full Story

Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

Full speech

Supreme Court, 16th November 2017

Source: www.supremecourt.uk

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by tracey

‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’

Full Story

Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

Bar Council insurance call for employed barristers gets go-ahead – The Bar Council‎

Posted November 14th, 2017 in barristers, insurance, press releases, pro bono work by tracey

‘Employed barristers will now be allowed to carry out pro bono work as the Bar Council’s call for professional indemnity insurance (PII) extension to cover the employed Bar has been approved by Bar Mutual.’

Full press release

The Bar Council, 13th November 2017

Source: www.barcouncil.org.uk