FCA launches investigation into insurance companies which ‘snoop’ on customers – Daily Telegraph
‘The regulatory body said insurers are going to great lengths to harvest personal data.’
Daily Telegraph, 25th November 2015
Source: www.telegraph.co.uk
Category: insurance
IPs hit back at Jackson: ending LASPO exemption would create ‘windfall’ for third-party funders – Litigation Futures
‘Abolishing the exemption from LASPO for insolvency cases would create a “windfall” for third-party funders, insolvency trade body R3 has argued.’
Litigation Futures, 29th October 2015
Source: www.litigationfutures.com
Insurance surgery: Out for the count – New Law Journal
‘Bridget Tatham follows the rise & risk of public sector outsourcing.’
New Law Journal, 26th October 2015
Source: www.newlawjournal.co.uk
Criminals may be behind TalkTalk’s cyber breach, but it can still be penalised by regulators – Technology Law Update
‘The revelations emerging about a major cyber attack on telecoms and broadband supplier TalkTalk are every CIO’s worst nightmare. But hard-working companies that are doing their best to stay ahead of the hackers shouldn’t be criticised, should they?’
Technology Law Update, 23rd October 2015
Source: www.technology-law-blog.co.uk
Legal threat in Shropshire baby ashes scandal – BBC News
‘Lawyers representing families in the baby ashes scandal have said they are to take legal action against Shropshire Council.’
BBC News, 26th October 2015
Source: www.bbc.co.uk
Insurance Act 2015: changes to conditions precedent – OUT-LAW.com
‘From next year, insurers will not be able refuse policyholder claims on the grounds that they breached an irrelevant term in their policy.’
OUT-LAW.com, 22nd October 2015
Source: www.out-law.com
CA rejects law firm’s bid to reverse relief granted over funding notice failure – Litigation Futures
‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’
Litigation Futures, 13th October 2015
Source: www.litigationfutures.com
£4m payout for man who suffered brain damage in crash – The Guardian
‘A man in his 20s who suffered severe brain damage in a car crash when he was a teenager is to get more than £4m compensation, lawyers say.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘Fair presentation of risk’ and the Insurance Act 2015 – Hardwicke Chambers
‘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.’
Hardwicke Chambers, 14th September 2015
Source: www.hardwicke.co.uk
PPI payout deadline considered by regulator – BBC News
‘The financial regulator, the Financial Conduct Authority (FCA) is considering a deadline for claims over mis-sold payment protection insurance (PPI).’
BBC News, 2nd October 2015
Source: www.bbc.co.uk
Revised Rehab Code introduces “streamlined” process for low-value claims – Litigation Futures
‘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.’
Litigation Futures, 30th September 2015
Source: www.litigationfutures.com
Tightening the payout rules for business insurance – Law Commission
‘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.’
Law Commission, 16th September 2015
Source: www.justice.gov.uk/lawcommission
Commercial Court Judgment on Solicitors’ Minimum Terms: What is related? – Hailsham Chambers
‘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.’
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
‘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.’
Litigation Futures, 4th September 2015
Source: www.litigationfutures.com
O’Brien v Shorrock and another – WLR Daily
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
‘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.’
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
‘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.’
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
‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’
Litigation Futures, 14th August 2015
Source: www.litigationfutures.com
