Is Fairchild a Leading case of the Common Law? – The Inner Temple
Is Fairchild a Leading case of the Common Law? (PDF)
Per Laleng, Inner Temple Academic Fellow, University of Kent
The Inner Temple, 20th January 2014
Source: www.innertemple.org.uk
Category: insurance
Sheffield ‘crash-for-cash’ ringleaders jailed – BBC News
‘Two men have been jailed for orchestrating a series of “crash-for-cash scams”, including one involving a bus with up to 40 passengers on board.’
BBC News, 24th January 2014
Source: www.bbc.co.uk
Obtaining a defendant’s insurance details – Hardwicke Chambers
‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’
Hardwicke Chambers, 13th January 2014
Source: www.hardwicke.co.uk
UK firm fined £25,000 for failure to monitor, supervise and manage its appointed representatives – OUT-LAW.com
‘A firm has been fined £25,000 by the Financial Conduct Authority (FCA) for the misconduct of two of its sales staff acting as its ‘appointed representatives’ (ARs). Amongst other cases of misconduct, the ARs were found to have used “high-pressure sales tactics and misleading information” to push vulnerable customers into buying insurance policies.’
OUT-LAW.com, 8th January 2014
Source: www.out-law.com
Coles and others v Hetherton and others – WLR Daily
Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508
‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
Car insurance too high, says Competition Commission – The Guardian
‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’
The Guardian, 17th December 2013
Source: www.guardian.co.uk
Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph
‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’
Daily Telegraph, 9th December 2013
Source: www.telegraph.co.uk
Industrial disease victims central to changes – Ministry of Justice
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
Ministry of Justice, 4th December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures
‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’
Litigtaiton Futures, 5th December 2013
Source: www.litigationfutures.com
Industrial disease victims central to changes – Ministry of Justice
‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’
Ministry of Justice, 4th December 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Probe into price comparison website deals – OUT-LAW.com
‘Price comparison websites and insurers in the motor, travel and home insurance markets are the subject of a regulatory probe by the Financial Conduct Authority (FCA) amidst concerns that consumers are being misled when buying cover through those sites.26 Nov 2013.’
OUT-LAW.com, 26th November 2013
Source: www.out-law.com
Asbestos NHS treatment cost recovery bill is voted into law – BBC News
“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
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
Supreme Court, 6th November 2013
Rogue PPI claim companies targeted by fines and toughened regulations – Ministry of Justice
“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.”
Ministry of Justice, 12th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily
“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
“Professional indemnity insurance (‘PII’) cover for solicitors is notoriously forgiving to policyholders on the issue of non-disclosure.”
Hardwicke Chambers, 18th October 2013
Source: www.hardwicke.co.uk
‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers
“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.”
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.”
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.”
Daily Telegraph, 23rd Ocotber 2013
Source: www.telegraph.co.uk
Penalties, PECR and PPI – Panopticon
“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.”
Panopticon, 22nd October 2013
Source: www.panopticonblog.com
