Category: insurance

Delaney v Secretary of State for Transport – WLR Daily

Posted March 17th, 2015 in appeals, compensation, drug abuse, EC law, insurance, law reports, uninsured drivers by sally

Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

Posted March 17th, 2015 in civil procedure rules, costs, fees, industrial injuries, insurance, news, noise, personal injuries by sally

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

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Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

BIG News In Credit Hire – The Court of Appeal rules that recoverable BHR for Claimant will be the lowest reasonable rate charged by comparable hire companies – Zenith PI Blog

Posted March 17th, 2015 in appeals, consumer credit, insurance, news, rent by sally

‘Traditionally, when assessing recoverable rates, credit hire companies have argued that where a range of comparable basic hire rates (BHR) can be shown from other companies, some of which are higher than the credit hire rate claimed, the Claimant’s credit hire rate should be awarded in full.’

Full story

Zenith PI Blog, 16th March 2015

Source: www.zenithpi.wordpress.com

Pension mis-selling: 600,000 retired workers owed compensation – Daily Telegraph

Posted March 16th, 2015 in compensation, consumer protection, insurance, news, ombudsmen, pensions by sally

‘As the watchdog considers formal compensation arrangements for savers sold inappropriate deals, Katie Morley looks at how much they could be owed in redress.’

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Daily Telegraph, 14th March 2015

Source: www.telegraph.co.uk

Plans to restrict use of conditional fee agreements in insolvency cases dropped ‘for the time being’ – OUT-LAW.com

Posted March 5th, 2015 in delay, fees, insolvency, insurance, news, personal injuries by tracey

‘Successful parties to insolvency cases will not be prevented from recovering conditional fee agreement (CFA) “success” fees and legal insurance premiums from their opponents from April, after the UK government extended a temporary exemption from the general ban “for the time being”.’

Full story

OUT-LAW.com, 4th March 2015

Source: www.out-law.com

Bigamist jailed after murdering second wife to cash in on life insurance – The Guardian

Posted March 3rd, 2015 in assisting offenders, bigamy, conspiracy, insurance, murder, news, sentencing by sally

‘A bigamist will serve at least 25 years in prison after being found guilty of murdering the second of his wives to cash in her life insurance and solve his financial problems.’

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The Guardian, 27th February 2015

Source: www.guardian.co.uk

Appeal judges reject bid for costs in case that started out in small claims court – Litigation Futures

Posted March 2nd, 2015 in appeals, civil procedure rules, costs, insurance, news, small claims by sally

‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’

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Litigation Futures, 2nd March 2015

Source: www.litigationfutures.com

Appeal court sets ‘lowest reasonable rate’ test for credit hire charges – Litigation Futures

Posted March 2nd, 2015 in appeals, insurance, news, road traffic, Supreme Court by sally

‘The insurance industry today claimed they had achieved a major success after the Court of Appeal ruled that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

Full story

Litigation Futures, 26th February 2015

Source: www.litigationfutures.com

PPI problems still the cause of most complaints to financial ombudsman – The Guardian

Posted February 24th, 2015 in banking, complaints, financial regulation, insurance, news, reports by sally

‘Complaints about payment protection insurance (PPI) are still making up two-thirds of all the cases being dealt with by the financial ombudsman, which named Lloyds and Barclays as Britain’s two “most complained-about” financial firms.’

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The Guardian, 24th February 2016

Source: www.guardian.co.uk

ATE insurer not estopped from avoiding policy, High Court rules – Litigation Futures

Posted February 19th, 2015 in costs, estoppel, fraud, insolvency, insurance, misrepresentation, news by sally

‘After-the-event (ATE) insurer Temple Legal Protection was not estopped from avoiding payment on a policy after a fraudulent misrepresentation, the High Court has ruled.’

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Litigation Futures, 18th February 2015

Source: www.litigationfutures.com

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

Posted February 16th, 2015 in agriculture, appeals, asbestos, bills, constitutional law, damages, devolution, EC law, human rights, insurance, lectures, news, Northern Ireland, parliament, Privy Council, rule of law, Scotland, Supreme Court, Wales by sally

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Insurance surgery: Up for the challenge – New Law Journal

Posted February 16th, 2015 in compensation, costs, fraud, insurance, local government, news, personal injuries, video recordings by sally

‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Asbestos NHS costs decision due from Supreme Court – BBC News

Posted February 9th, 2015 in appeals, asbestos, bills, costs, insurance, local government, news, Supreme Court, Wales by sally

‘Firms in Wales whose staff are treated for asbestos-related illnesses are to learn if they must reimburse the NHS.’

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BBC News, 9th February 2015

Source: www.bbc.co.uk

Conditional Fee Agreements – Zenith PI Blog

Posted February 6th, 2015 in contracts, fees, insurance, news, solicitors by sally

‘On 27th January 2015, the Court of Appeal handed down judgment in the case of Cox v Woodlands Manor Care Home Ltd (unreported – approved judgment is awaited) bringing home the importance of CFAs being compliant with the Cancellation of Contracts etc. Regulations 2008 and dealing with the situation where there might be legal expenses insurance cover in the background and how this might affect any CFA entered into.’

Full story

Zenith PI Blog, 5th February 2015

Source: www.zenithpi.wordpress.com

Supreme Court: legal expenses insurance premium could not be recovered with costs – OUT-LAW.com

Posted February 2nd, 2015 in appeals, costs, expenses, insurance, news, proportionality, Supreme Court by sally

‘The successful party in a civil court case is not entitled to recover the cost of any ‘after the event’ (ATE) legal expenses insurance premium from an unsuccessful opponent, no mater how “reasonable” it was to have taken out the policy in the first place, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 30th January 2015

Source: www.out-law.com

FCA could call time on PPI claims – The Guardian

Posted January 30th, 2015 in compensation, complaints, financial regulation, insurance, news, time limits by sally

‘Britain’s financial watchdog has raised the possibility of introducing a time limit on complaints about payment protection insurance, the mis-selling scandal that has cost banks more than £17bn in compensation.’

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The Guardian, 30th January 2015

Source: www.guardian.co.uk

Jasmyn Chan death: Man jailed for Sheffield hit-and-run – BBC News

Posted January 28th, 2015 in accidents, children, dangerous driving, driving licences, drug abuse, homicide, insurance, news, road traffic offences, sentencing by tracey

‘A man has been jailed for seven-and-a-half years for killing a teenage girl in a hit-and-run crash. Jasmyn Chan, 14, died when she was hit by a car on Normanton Hill, Sheffield, on 9 May while crossing the road.’

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BBC News, 27th January 2015

Source: www.bbc.co.uk

Legal Voice conference report: Innovation in the delivery of legal services – LegalVoice

Posted December 12th, 2014 in civil justice, criminal justice, insurance, legal aid, news by sally

‘Roger Smith OBE made the case for 1% of the legal aid budget to be directed towards an ‘innovation fund’ to promote access to justice online. The former director of JUSTICE, who was delivering the keynote speech earlier this week at the 2014 Legal Voice conference, called upon Chris Grayling to ‘re-evaluate’ priorities and to deploy online help for initial advice.’

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LegalVoice, 11th December 2014

Source: www.legalvoice.org.uk

Government blames High Court for denying mesothelioma victims damages uplift –

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

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Litgation Futures, 11th December 2014

Source: www.litigationfutures.com