Driverless cars – the top 10 legal issues – Technology Law Update

Posted December 9th, 2014 in data protection, insurance, news, road safety, road traffic, road traffic offences by sally

‘The UK government’s announcement last week of the results of its competition for driverless car testing is an exciting development. We expect an announcement of the results of a review of the regulatory regime to follow shortly. As we wait for these results, we identify the top ten areas where we think the law will need to be updated to allow this important technology to move forward.’

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Technology Law Update, 8th December 2014

Source: www.technology-law-blog.co.uk

Saved by the Cap: Third Party Costs Order – RPC Professional and Financial Risks Blog

Posted December 8th, 2014 in accountants, costs, damages, insurance, news, third parties by sally

‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’

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RPC Professional and Financial Risks Blog, 4th December 2014

Source: www.rpc.co.uk

Bradford Lidl ‘slip’ fraudster Waheed Iqbal sentenced – BBC News

‘A man who deliberately “slipped” on a wet bag in a supermarket so he could make a £10,000 insurance claim has been given a suspended jail term.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

Couple who faked son’s blindness for insurance claim are jailed – Daily Telegraph

Posted December 8th, 2014 in forgery, fraud, insurance, news, personal injuries, sentencing by sally

‘Former soldier Jeremy Jones and his wife Sally Anne Jones are given 12 months in prison after claiming their son had been blinded in one eye falling off his bike.’

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Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

Theresa May to publish new anti-terror powers – BBC News

‘New measures to tackle terrorism are to be unveiled by the home secretary, days after she said the UK faces a “greater” terror threat than ever before.’

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BBC News, 26th November 2014

Source: www.bbc.co.uk

Counter-Terrorism Bill – the proposals in a nutshell – Halsbury’s Law Exchange

‘Whatever else can be said about the war on terrorism, it has been hugely influential in the shaping of the law (statutory, common law and European). The latest proposal to come from the Coalition is a “Temporary Exclusion Order”, announced in the press in September. It was “re-booted” in November and we are told that these will feature in the new Counter-Terrorism and Security Bill (name not confirmed) due before Christmas. The Bill is in fact scheduled to be published later this week, but these things sometimes slip.’

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Halsbury’s Law Exchange, 25th November 2014

Source: www.halsburyslawexchange.co.uk

Terror bill requires universities to ban extremist speakers – The Guardian

‘New powers for the home secretary to order universities to ban extremist speakers from their campuses are to be included in a new counter-terrorism bill.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

Anti-terror measures: May aims to close ransom loophole – The Guardian

Posted November 24th, 2014 in immigration, insurance, news, terrorism by sally

‘The government will embark on fresh steps to cut funding to “barbaric” terror groups such as Islamic State by changing the law to prevent insurance firms from inadvertently reimbursing ransom payments, Theresa May will say on Monday.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Double trouble: Disaster can strike businesses twice – Hardwicke Chambers

Posted November 18th, 2014 in fire, insurance, news by sally

‘ASOS, the well-known online fashion retailer, was forced to suspend its website and stop taking orders after a fire at the firm’s distribution warehouse last month. It suffered the same fate when its former warehouse in Hemel Hempstead was damaged by the explosion at Buncefield oil depot in 2005. After that incident, the firm suspended its shares and had to refund 19,000 orders.’

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Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

FCA fines and bans senior Swinton management figures over sales culture failings – OUT-LAW.com

Posted November 11th, 2014 in company directors, financial regulation, fines, insurance, news by tracey

‘The former chief executive, finance director and marketing director at a UK insurance provider have been served with fines by the Financial Conduct Authority (FCA) and banned from taking senior positions at other financial services companies in the future.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

Insurance surgery: Stressing the point – New Law Journal

‘Caroline Coates provides an update on claims for work-related stress.’

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New Law Journal, 31st October 2014

Source: www.newlawjournal.co.uk

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

To Absent Friends…Part II – RTA Fraud – Zenith PI Blog

Posted September 30th, 2014 in fraud, insurance, mental health, news by tracey

‘Liverpool Victoria Insurance Company Ltd v Thumber [2014] EWHC 3051 (QB). It is worth spending a short time looking at some of the comments made by the judge. By way of a refresher, this was a road traffic accident involving a vehicle valued at £6,000, with credit hire charges of £130,000. The claim was found to be fraudulent, with the Claimant sentenced, in his absence, to 12 months imprisonment, following committal proceedings commenced by the Defendant insurer.’

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Zenith PI Blog, 29th September 2014

Source: www.zenithpi.wordpress.com

Competition watchdog bans deals between motor insurance and price comparison websites – OUT-LAW.com

Posted September 29th, 2014 in competition, consumer protection, electronic commerce, insurance, internet, news, ombudsmen by tracey

‘Exclusive pricing deals between car insurance providers and price comparison websites (PCWs) will be banned, the UK’s competition watchdog has confirmed, as part of its plans to increase competition and reduce the cost of insurance premiums for drivers.’

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OUT-LAW.com, 26th September 2014

Source: www.out-law.com