‘Lloyds Banking Group has docked £350,000 from the bonus of its boss António Horta-Osório after being hit with a £117m fine for unacceptable handling of compensation claims for payment protection insurance.’
The Guardian, 5th June 2015
Source: www.guardian.co.uk
‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
Full story
New Law Journal, 29th May 2015
Source: www.newlawjournal.co.uk
‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
Full story
Litigation Futures, 20th May 2015
Source: www.litigationfutures.co.uk
‘When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows.’
New Law Journal, 24th April 2015
Source: www.newlawjournal.co.uk
Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177
‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’
Park Square Barristers, 31st March 2015
Source: www.parksquarebarristers.co.uk
‘An insurer cannot use the law of misrepresentation to unpick a personal injury settlement made with its “eyes wide open”, the Court of Appeal has ruled.’
Litigation Futures, 1st April 2015
Source: www.litigationfutures.com
‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’
Hardwicke Chambers, 24th March 2015
Source: www.hardwicke.co.uk
‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’
Hardwicke Chambers, 24th March 2015
Source: www.hardwicke.co.uk
‘UK financial services firms will be banned from using pre-ticked boxes and other methods to sell customers additional ‘add-on’ products when they are purchasing regulated financial products under plans published by the Financial Conduct Authority (FCA).’
OUT-LAW.com, 26th March 2015
Source: www.out-law.com
‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’
Zenith PI Blog, 24th March 2015
Source: www.zenithpi.wordpress.com
‘The 2015 Insurance Act will, subject to an 18-month transition period, introduce what the UK government has described as “the biggest reform to insurance contract law in more than a century”.’
OUT-LAW.com, March 2015
Source: www.out-law.com
‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’
Full story
UK Human Rights Blog, 22nd March 2015
Source: www.ukhumanrightsblog.com
‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’
Park Square Barristers, 6th March 2015
Source: www.parksquarebarristers.co.uk
‘In the most important credit hire decision since Bent, the Court of Appeal rules that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’
Full story (PDF)
Henderson Chambers, March 2015
Source: www.hendersonchambers.co.uk
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