‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’
Litigation Futures, 24th July 2014
Source: www.litigationfutures.com
‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’
Law Commission, 17th July 2014
Source: www.justice.gov.uk/lawcommission
‘Debt-ridden businessman Sanjay Kumar faked his own death to claim millions of pounds in life insurance.’
Daily Telegraph, 17th June 2014
Source: www.telegraph.co.uk
‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’
NearlyLegal, 13th June 2014
Source: www.nearlylegal.co.uk
Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252
‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’
WLR Daily, 10th June 2014
Source: www.iclr.co.uk
‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’
UK Human Rights Blog, 7th June 2014
Source: www.ukhumanrightsblog.com
‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’
BBC News, 7th June 2014
Source: www.bbc.co.uk
‘Anyone exaggerating whiplash or other injuries to get compensation will be thrown out of court in a Government crackdown on dishonest claims.’
The Independent, 7th June 2014
Source: www.independent.co.uk
‘Undertakings given by solicitors to third parties are strictly enforced. Generally speaking solicitors would expect their professional indemnity insurers to pick up the claim, but this is not always the case.’
Hardwicke Chambers, 21st May 2013
Source: www.hardwicke.co.uk
‘In order for persons to have been “riotously and tumultuously assembled together” for the purposes of a claim under section 2(1) of the Riot (Damages) Act 1886 there had to have been a riot within the meaning of section 1 of the Public Order Act 1986. The trial judge had to conduct an inquiry, focusing on whether property had been damaged or destroyed as a result of mob violence, and carrying out an evaluative exercise to determine whether the assembly was riotous and tumultuous in the light of the primary facts as found.’
WLR Daily, 20th May 2014
‘The Financial Conduct Authority (FCA) found that some of the largest brokers that serve small businesses did not have proper processes in place to manage the “inherent conflicts” that arise as part of their work.’
OUT-LAW.com, 29th May 2014
Source: www.out-law.com
‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’
BBC News, 20th May 2014
Source: www.bbc.co.uk
‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’
Hardwicke Chambers, 2nd May 2014
Source: www.hardwicke.co.uk
‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’
Litigation Futures, 6th May 2014
Source: www.litigationfutures.com
‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’
Legal Futures, 25th March 2014
Source: www.legalfutures.co.uk
‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’
The Independent, 10th March 2014
Source: www.independent.co.uk
‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’
Legal Futures, 17th February 2014
Source: www.legalfutures.co.uk
‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’
BBC News, 7th February 2014
Source: www.bbc.co.uk
‘Simon Love provides a warning to firms facing financial difficulty.’
New Law Journal, 5th February 2014
Source: www.newlawjournal.co.uk
‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’
OUT-LAW.com, 30th January 2014
Source: www.out-law.com
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