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

Breakdown of medical agency costs ‘irrelevant’, court finds – Law Society’s Gazette

Posted June 12th, 2023 in compensation, costs, expert witnesses, insurance, news, personal injuries by tracey

‘An experienced district judge has ruled it is “irrelevant” how medical reporting costs are broken down, as the debate over non-party disclosure takes another turn.

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Law Society's Gazette, 12th June 2023

Source: www.lawgazette.co.uk

NEWS Hybrid claims appeal given permission to be heard in Supreme Court – Law Society’s Gazette

‘Multiple-injury motor claims with a bearing on thousands of other cases will be tested in the Supreme Court, it was confirmed today.’

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Law Society's Gazette, 7th June 2023

Source: www.lawgazette.co.uk

Couple get payout after water buffaloes fall into Essex swimming pool – The Guardian

Posted May 22nd, 2023 in animals, compensation, damages, insurance, news by tracey

‘An Essex couple have spent 10 months seeking compensation after 18 escaped water buffaloes stampeded through their garden, with eight of them taking a morning dip in their new swimming pool.’

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The Guardian, 20th May 2023

Source: www.theguardian.com

Sunderland: brothers jailed over £2m Ehic scam – The Guardian

Posted May 16th, 2023 in computer crime, fraudulent trading, health, insurance, news, sentencing by sally

‘Two brothers have been jailed for defrauding £2m from “unsuspecting, ordinary, busy” people who were tricked into thinking they needed to pay for European health insurance cards (Ehics).’

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The Guardian, 15th May 2023

Source: www.theguardian.com

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

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4 New Square, 28th March 2023

Source: www.4newsquare.com

Owen v Black Horse Limited [2023] EWCA Civ 325 – No Strike Out Despite the Claimant’s Absence at Trial – Pump Court Chambers

‘The Court of Appeal has interpreted the rules for non-attendance on the small claims track in a manner consistent with rule 39.3 in finding that an absent Claimant nevertheless “appeared” at his trial, through his legal representative.’

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Pump Court Chambers, 29th March 2023

Source: www.pumpcourtchambers.com

Insurer wins court fight over University of Exeter bomb damage claim – BBC News

Posted March 23rd, 2023 in explosives, insurance, news, universities, war by tracey

‘An insurance company has won a High Court fight over its refusal to pay out on a claim for damage caused by the disposal of a World War Two bomb.’

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BBC News, 22nd March 2023

Source: www.bbc.co.uk

Boy, 14, sentenced for causing death after crashing into woman with e-scooter – The Guardian

‘A 14-year-old boy has been sentenced for causing the death of a woman after colliding with her while riding a private e-scooter on the pavement.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Insurers ask for Supreme Court to hear mixed injury cases – Law Society’s Gazette

Posted February 21st, 2023 in insurance, news, personal injuries, small claims, Supreme Court by tracey

‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’

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Law Society's Gazette, 20th February 2023

Source: www.lawgazette.co.uk

Harold Shipman ad trivialised murders, says advertising watchdog – BBC News

Posted February 15th, 2023 in advertising, complaints, doctors, insurance, news, ombudsmen by sally

‘A life insurance advert featuring serial killer Harold Shipman “trivialised” his murders and was distressing to victims’ families, the advertising watchdog said.’

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BBC News, 15th February 2023

Source: www.bbc.co.uk

The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers

‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Insurance premiums and commissions – Nearly Legal

Posted January 9th, 2023 in housing, insurance, leases, news by tracey

‘Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership). This was the FTT’s decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had had to pay over the 10 years since 2010/11.’

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Nearly Legal, 8th January 2023

Source: nearlylegal.co.uk

Court curtails Checkmylegalfees’ ‘fishing expedition’ for ATE details – Law Society’s Gazette

Posted November 14th, 2022 in costs, disclosure, insurance, law firms, news, personal injuries by tracey

‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’

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Law Society's Gazette, 11th November 2022

Source: www.lawgazette.co.uk

Compare The Market ruling ‘not green light’ for price restriction clauses – OUT-LAW.com

Posted August 12th, 2022 in appeals, competition, fines, insurance, news, tribunals by tracey

‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’

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OUT-LAW.com, 11th August 2022

Source: www.pinsentmasons.com

Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette

Posted July 4th, 2022 in accidents, damages, deceit, insurance, news, personal injuries by tracey

‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’

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Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building

Posted May 18th, 2022 in accidents, bills, chambers articles, insurance, news, road traffic by sally

‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’

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Farrar's Building, 16th May 2022

Source: www.farrarsbuilding.co.uk

New Acts – legislation.gov.uk

Posted May 6th, 2022 in animals, disabled persons, education, insurance, legislation by tracey

2022 c. 25 – Motor Vehicles (Compulsory Insurance) Act 2022

2022 c. 23 – Subsidy Control Act 2022

2022 c. 21 – Skills and Post-16 Education Act 2022

2022 c. 19 – Animals (Penalty Notices) Act 2022

2022 c. 18 – Down Syndrome Act 2022

Source: www.legislation.gov.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk