In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court

Posted November 18th, 2013 in appeals, damages, EC law, indemnities, insurance, law reports, Supreme Court by sally

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) [2013] UKSC 70 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Rogue PPI claim companies targeted by fines and toughened regulations – Ministry of Justice

Posted November 12th, 2013 in claims management, financial regulation, fines, insurance, press releases by tracey

“Claims firms which use information gathered by unsolicited calls and texts or who provide poor quality services will face large fines under law changes announced by the Government today.”

Full press release

Ministry of Justice, 12th November 2013

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

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily

Posted November 8th, 2013 in EC law, insurance, law reports, legal representation by tracey

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: Case C-442/12;   [2013] WLR (D)  426

“Article 4(1) of Council Directive 87/344 on legal expenses insurance precluded a legal expenses insurer, which stipulated in its insurance contracts that legal assistance would in principle be provided in-house, from also providing that the costs of legal assistance provided by a legal representative chosen by the insured would be covered only if the insurer took the view that the handling of the case had to be subcontracted to an external lawyer.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Solicitors’ indemnity insurance: Is the withdrawal of insurers creating a black hole for policyholders? – Hardwicke Chambers

Posted October 30th, 2013 in disclosure, indemnities, insurance, Law Society, news, solicitors by sally

“Professional indemnity insurance (‘PII’) cover for solicitors is notoriously forgiving to policyholders on the issue of non-disclosure.”

Full story

Hardwicke Chambers, 18th October 2013

Source: www.hardwicke.co.uk

‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers

Posted October 30th, 2013 in accidents, appeals, conspiracy, consultations, fraud, insurance, news, road traffic, sentencing by sally

“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”

Full story

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

MoJ decides against increase in small claims track limit – Law Society’s Gazette

“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”

Full story

Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

New curbs on whiplash fraud – Daily Telegraph

“All whiplash victims will have to be assessed by accredited doctors as ministers look to cut the bill faced by insurers and the premiums paid by motorists.”

Full story

Daily Telegraph, 23rd Ocotber 2013

Source: www.telegraph.co.uk

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

Full story

Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Welsh court processes 86 people over ‘crash for cash’ insurance conspiracy – The Guardian

Posted October 11th, 2013 in conspiracy, fraud, insurance, news, prosecutions, Wales by sally

“Magistrates court closes to all other cases as people aged 23 to 71 face conspiracy charges over fraud involving repair garage.”

Full story

The Guardian, 10th October 2013

Source: www.guardian.co.uk

Senior Costs Judge lays down marker by slashing ATE premium in PPI case – Litigation Futures

Posted October 11th, 2013 in costs, insurance, news, proportionality by sally

“The Senior Costs Judge has slashed the after-the-event (ATE) premium claimed in a payment protection insurance (PPI) case, giving hope to defendants currently facing huge bills for mis-selling.”

Full story

Litigation Futures, 10th October 2013

Source: www.litigationfutures.com

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

Binns and another v Firstplus Financial Group plc – WLR Daily

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same – WLR Daily

Posted September 27th, 2013 in compensation, insurance, law reports, violent disorder by tracey

Mitsui Sumitomo Insurance Co (Europe) Ltd and another v Mayor’s Office for Policing and Crime; Royal & Sun Alliance Insurance plc v Same; Lace International Ltd and others v Same; [2013] EWHC 2734 (Comm); [2013] WLR (D) 356

“Compensation payable under section 2 of the Riot (Damages) Act 1886, as amended, was limited to physical damage to the relevant premises or property in it and did not extend to consequential losses such as loss of profit or loss of rent.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

Insurers win riots damages claim against Met bosses – BBC News

Posted September 12th, 2013 in arson, damages, insurance, news, police, violent disorder by tracey

“Two insurance companies have won their case against police bosses for compensation over the looting and arson of a building during the 2011 riots.”

Full story

BBC News, 12th September 2013

Source: www.bbc.co.uk

ASA dismisses complaints against Law Society’s anti-insurer advertising campaign – Litigation Futures

Posted August 29th, 2013 in advertising, complaints, insurance, Law Society, news by sally

“The Advertising Standards Authority (ASA) has dismissed complaints made about the Law Society’s ‘Don’t get mugged by an insurer’ campaign without an investigation.”

Full story

Litigation Futures, 28th August 2013

Source: www.litigationfutures.com

New flood insurance tax ‘could breach EU law’ – Daily Telegraph

Posted August 27th, 2013 in competition, EC law, insurance, news, taxation by tracey

“Plans to charge every household in the country £10.50 to cover the cost of insuring properties in flood risk areas amount to a ‘tax’ and represent poor value for money for the economy, government analysts have concluded. The new system, intended to help up to 500,000 housholders afford home insurance despite living in fear of floods, is also likely to breach European laws, officials have said.”

Full story

Daily Telegraph, 26th August 2013

Source: www.telegraph.co.uk

Credit card protection compensation package set to total £1.3bn – The Guardian

Posted August 22nd, 2013 in banking, compensation, consumer credit, financial regulation, insurance, news by sally

“Around 7 million people are set to share up to £1.3bn in compensation after 13 high street banks and credit card companies agreed to offer redress for mis-sold credit card and identity theft protection.”

Full story

The Guardian, 22nd August 2013

Source: www.guardian.co.uk

Oakwood and Drake Hall prison inmates paid to work in call centres – BBC News

Posted August 21st, 2013 in insurance, news, prisons, rehabilitation, telecommunications by sally

“Convicted criminals in the West Midlands are being paid to work in call centres.”

Full story

BBC News, 21st August 2013

Source: www.bbc.co.uk

Cancer patient wins battle for payout after failing to declare headache – Daily Telegraph

Posted August 20th, 2013 in cancer, health, insurance, news by tracey

“A dying woman whose life insurance claim was refused because she failed to disclose unrelated GP visits several years earlier has won her battle with an insurance company.”

Full story

Daily Telegraph, 20th August 2013

Source: www.telegraph.co.uk

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another – WLR Daily

Posted August 6th, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another [2013] UKSC 57; [2013] WLR (D) 332

“An insurer could not choose the order in which claims made by an insured exhausted layers of insurance cover under a programme of professional liability insurance.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk