Category: insurance

‘Fair presentation of risk’ and the Insurance Act 2015 – Hardwicke Chambers

Posted October 7th, 2015 in construction industry, disclosure, insurance, news by sally

‘The Insurance Act 2015, which does not come into force until August 2016, changes the way in which insurance is conducted. The delay in commencement of the Act is intended, at least in part, to give insurers time to change their policy wording and procedures. It is likely that some of the new policy wordings and procedures will give rise to disputes and in the context of construction insurance in particular, there are likely to be issues relating to the concept of fair presentation of risk that is introduced by the Act.’

Full story

Hardwicke Chambers, 14th September 2015

Source: www.hardwicke.co.uk

PPI payout deadline considered by regulator – BBC News

Posted October 2nd, 2015 in financial regulation, insurance, limitations, news by tracey

‘The financial regulator, the Financial Conduct Authority (FCA) is considering a deadline for claims over mis-sold payment protection insurance (PPI).’

Full story

BBC News, 2nd October 2015

Source: www.bbc.co.uk

Revised Rehab Code introduces “streamlined” process for low-value claims – Litigation Futures

Posted October 1st, 2015 in codes of practice, insurance, news, personal injuries, rehabilitation by sally

‘The updated Rehabiliation Code is set to come into operation on 1 December and for the first time includes a separate section for lower-value claims in recognition of the need for a more streamlined process in cases worth less than £25,000.’

Full story

Litigation Futures, 30th September 2015

Source: www.litigationfutures.com

Tightening the payout rules for business insurance – Law Commission

Posted September 18th, 2015 in bills, damages, delay, insurance, Law Commission, press releases by tracey

‘Businesses can suffer serious loss if insurance companies delay paying claims. But under Law Commission reforms introduced into Parliament today, insurers would be obliged to make prompt payment or face a claim for damages.’

Full press release

Law Commission, 16th September 2015

Source: www.justice.gov.uk/lawcommission

Commercial Court Judgment on Solicitors’ Minimum Terms: What is related? – Hailsham Chambers

Posted September 7th, 2015 in insurance, news, solicitors by sally

‘A Commercial Court Judge has decided that 214 claims arising out of two similar property developments do not arise from “a series of related matters or transactions” for the purposes of the solicitors’ minimum terms and so cannot be aggregated. This has the potential to have a major impact on the approach currently taken in coverage work.’

Full story

Hailsham Chambers, 18th September 2015

Source: www.hailshamchambers.com

Over 40% of medical negligence cases take two or more years to settle, research reveals – Litigation Futures

Posted September 7th, 2015 in compensation, consultations, costs, damages, delay, fees, insurance, medical treatment, negligence, news, statistics by sally

‘It takes two years or more for 42% of medical negligence cases to settle or for damages to be awarded by the courts, research by the Association of Personal Injury Lawyers (APIL) has revealed.’

Full story

Litigation Futures, 4th September 2015

Source: www.litigationfutures.com

O’Brien v Shorrock and another – WLR Daily

Posted August 21st, 2015 in accidents, civil procedure rules, compensation, costs, damages, fees, insurance, law reports, personal injuries, practice directions, retrospectivity, solicitors by sally

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

This judgment could shake up how personal injury solicitors operate – The Guardian

Posted August 21st, 2015 in accidents, children, codes of practice, compensation, costs, damages, fees, insurance, legal aid, news, personal injuries, practice directions, solicitors by sally

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

Full story

The Guardian, 21st August 2015

Source: www.guardian.co.uk

Good news for law firms as High Court rejects insurer’s bid to cap liability for multiple claims – Legal Futures

Posted August 17th, 2015 in indemnities, insurance, law firms, news, solicitors by sally

‘Solicitors’ professional indemnity insurers cannot aggregate multiple related claims when the terms of the transactions are not conditional or dependent upon each other, the High Court has decided in a ruling said to protect law firms from financial risk.’

Full story

Legal Futures, 17th August 2015

Source: www.legalfutures.co.uk

Supreme Court to decide whether insurers can reopen settlements made with “eyes wide open” – Litigation Futures

Posted August 17th, 2015 in fraud, insurance, news, personal injuries by sally

‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’

Full story

Litigation Futures, 14th August 2015

Source: www.litigationfutures.com

Claimant protected by QOCS despite earlier CFA, costs judge rules – Litigation Futures

Posted August 5th, 2015 in costs, fees, insurance, news, personal injuries by sally

‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’

Full story

Litigation Futures, 4th August 2015

Source: www.litigationfutures.com

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Insurers win the latest round in credit hire match – Hardwicke Chambers

Posted July 28th, 2015 in appeals, insurance, news, rent by sally

‘The insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.’

Full story

Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 – Henderson Chambers

Posted July 27th, 2015 in civil procedure rules, costs, fees, human rights, insurance, news, Supreme Court by sally

‘The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the compatibility of the system for the recovery of success fees and ATE premiums under the Access to Justice Act 1999 with the European Convention on Human Rights, Articles 6 and Article 1 Protocol 1. The Court held by a majority of 5-2 (Lord Neuberger, Lord Dyson, Lord Sumption, Lord Mance and Lord Carnwarth in the majority and Lord Clarke and Lady Hale dissenting) that the system is compatible. Success fees and ATE premiums entered into under the AJA 1999 scheme will therefore remain to be recoverable by successful claimants. Whether the decision will be challenged before the ECtHR in Strasbourg and, if so,whether the European Court will take the same view as the Supreme Court remains to be seen.’

Full story

Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 – Henderson Chambers

Posted July 27th, 2015 in burden of proof, consumer credit, insurance, news by sally

‘The High Court (Swift J, 22 May 2015) has upheld an order dismissing a claim under section 140A of the Consumer Credit Act 1974 (CCA) on the summary basis, in the absence of conduct on the part of a lender causative of unfairness in a debtor/creditor relationship.’

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Henderson Chambers, 3rd June 2015

Source: www.hendersonchambers.co.uk

Old conditional fee agreements did not breach human rights law, Supreme Court rules – OUT-LAW.com

Posted July 27th, 2015 in costs, fees, human rights, insurance, news, proportionality, Supreme Court by sally

‘A speedway track operator must pay the legal expenses of the couple who successfully sued it for noise-related nuisance after the UK’s highest court ruled that the old fee recovery regime did not breach its right to a fair trial.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Government calls in Civil Justice Council to investigate NIHL claims – Litigation Futures

Posted July 27th, 2015 in Civil Justice Council, compensation, insurance, news, noise by sally

‘The Ministry of Justice has asked the Civil Justice Council (CJC) to investigate the number and cost of claims for noise-induced hearing loss (NIHL), it has announced.’
Full story

Litigation Futures, 29th July 2015

Source: www.litigationfutures.com

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

Posted July 13th, 2015 in accidents, consultations, dispute resolution, driving licences, insurance, Motor Insurers’ Bureau, news, road traffic by tracey

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

Full story

Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Revised Uninsured Drivers’ Agreement to come into force next month – Litigation Futures

Posted July 7th, 2015 in consultations, insurance, news, uninsured drivers by sally

‘A new Uninsured Drivers’ Agreement will come into force for accidents occurring on or after 1 August 2015, the Motor Insurers’ Bureau (MIB) has announced.’

Full story

Litigation Futures, 7th July 2015

Source: www.litigationfutures.com

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story

OUT-LAW.com, 17th June 2015

Source: www.out-law.com