In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013

Source: www.youtube.com/user/UKSupremeCourt

What the Supreme Court’s Prudential ruling means for insurers – OUT-LAW.com

Posted February 13th, 2013 in claims management, confidentiality, insurance, legal services, news, privilege by sally

“FOCUS: The decision by the Supreme Court last month that legal professional privilege would not apply to advice from non-lawyers confirms how important it is for insurers to maximise the value of legal privilege.”

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OUT-LAW.com, 13th February 2013

Source: www.out-law.com

Extra measures to tackle PPI claim pests – Ministry of Justice

Posted February 8th, 2013 in claims management, consumer protection, insurance, news by sally

“A specialist team created to crackdown on bad practice in the Payment Protection Insurance (PPI) claims market has helped tackle more than 200 rogue firms and is being strengthened to monitor even more companies.”

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Ministry of Justice, 8th February 2013

Source: www.justice.gov.uk

Insurer wrong to reject law firm’s blanket notification of possible claims, High Court rules – Legal Futures

Posted February 5th, 2013 in insurance, law firms, news, notification by tracey

“A professional indemnity (PI) insurer was wrong to reject a law firm’s blanket notification of possible claims, the High Court has decided in what is believed to be the first ruling of its kind.”

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Legal Futures, 5th February 2013

Source: www.legalfutures.co.uk

Regulator begins investigation into annuity market – OUT-LAW.com

Posted February 5th, 2013 in financial regulation, insurance, news, pensions by tracey

“The Financial Services Authority (FSA) is investigating whether consumers are
getting a ‘fair dea’ when purchasing annuities, it has announced.”

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OUT-LAW.com, 4th February 2013

Source: www.out-law.com

Milton Keynes Borough Council v Nulty, decd and others – WLR Daily

Posted January 28th, 2013 in appeals, burden of proof, causation, fire, insurance, law reports, negligence by sally

Milton Keynes Borough Council v Nulty, decd and others [2013] EWCA Civ 15; [2013] WLR (D) 25

“There was no rule of law that if the only other possible causes of an event were very much less likely than one suggested means of causation, that became the probable cause; the court had to be satisfied on rational and objective grounds that the case for believing that the suggested means of causation occurred was stronger than the case for not so believing.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Motorcyclist on cannabis with 45 traffic convictions who killed pedestrian given 18 months – Daily Telegraph

Posted January 23rd, 2013 in dangerous driving, drug offences, guilty pleas, insurance, news by sally

“A widow whose husband was killed as he walked home from his local pub is to campaign for a change in the law after a banned driver dubbed ‘an absolute menace on the roads’ was jailed for only 18 months today for causing his death.”

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Daily Telegraph, 23rd January 2013

Source: www.telegraph.co.uk

Welcome relief? Nationwide v Davisons Solicitors and section 61 of Trustee Act 1925 – Hardwicke Chambers

Posted January 17th, 2013 in fraud, insurance, mortgages, news, trusts by sally

“A topical debate is the extent to which solicitors acting for mortgage lenders (or more precisely, their professional indemnity insurers) should bear the consequences of mortgage fraud.”

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Hardwicke Chambers, 10th January 2013

Source: www.hardwicke.co.uk

The price of equality? Gender and the assessment of risk – Cloisters

Posted January 8th, 2013 in equality, insurance, news, pensions, sex discrimination, women by sally

“The financial sector will no longer be allowed to use gender as a determining factor in the assessment of risk and therefore the price of premiums and benefits from Friday 21 December 2012.”

Full story (PDF)

Cloisters, 19th December 2012

Source: www.cloisters.com

Defamation and privacy claimants will not have to pay other side’s costs, Government confirms – OUT- Law.com

Posted December 21st, 2012 in costs, defamation, insurance, news, privacy by tracey

“Members of the public faced with the prospect of bringing a claim for defamation
or breach of privacy against a large media organisation will in the future  be
protected against having to pay the other side’s costs if the case is lost, the
Government has announced.”

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OUT-LAW.com, 20th December 2012

Source: www.out-law.com

Men set to lose £10,000 in pension rule change – Daily Telegraph

Posted December 20th, 2012 in EC law, insurance, news, pensions, sex discrimination by tracey

“Male pensioners will lose up to £10,000 in retirement income due to the
introduction this week of European Court rules banning sex discrimination by
financial firms, a report warns.”

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Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

 

Women could pay £500 more for car insurance as EU ruling comes into force – The Guardian

Posted December 18th, 2012 in insurance, news, road traffic, sex discrimination, women by sally

“Women who take out car or life insurance could find themselves paying as much as £500 more when an EU ruling on gender comes into force on Friday.”

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The Guardian, 17th December 2012

Source: www.guardian.co.uk

Family sues out-of-hours GP provider and nurse over death liability – The Guardian

Posted December 18th, 2012 in compensation, duty of care, health, insurance, negligence, news, nurses by sally

“The family of a young woman is suing the country’s biggest out-of-hours GP provider and one of its nurses, whose failures meant her fatal condition was not diagnosed, because neither will accept liability in a test case over legal responsibility in a privatised NHS.”

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The Guardian, 17th December 2012

Source: www.guardian.co.uk

Brown-Quinn and another v Equity Syndicate Management Ltd and another – WLR Daily

Posted December 14th, 2012 in contracts, costs, fees, insurance, law reports, remuneration, solicitors by tracey

Brown-Quinn and another v Equity Syndicate Management Ltd and another: [2012] EWCA Civ 1633; [2012] WLR (D) 377

“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Insurers celebrate ruling on BTE non-panel rates – Litigation Futures

Posted December 14th, 2012 in costs, fees, insurance, news by tracey

“Legal expenses insurers have welcomed this week’s Court of Appeal ruling about the rates they have to pay non-panel firms.”

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Litigation Futures, 14th December 2012

Source: www.legalfutures.co.uk

Injured feelings: Jackson reforms – Law Society’s Gazette

“Controversy still rages over whether the Jackson reforms are a coherent set of proposals that will rebalance a system where claims and costs are out of control, or if they represent an assault on access to justice for people whom ‘no win, no fee’ represents the only hope of redress for a wrong inflicted on them.”

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Law Society’s Gazette, 13th December 2012

Source: www.lawgazette.gov.uk

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

Posted December 13th, 2012 in appeals, costs, documents, insurance, law reports, practice directions by sally

Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373

“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

ASA reprimands PPI text message firm – The Guardian

Posted December 12th, 2012 in advertising, complaints, insurance, news, telecommunications by sally

“Complaints about a company based in India which sent text messages about reclaiming payment protection insurance (PPI) and compensation for accidents have been upheld by the Advertising Standards Authority (ASA).”

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The Guardian, 12th December 2012

Source: www.guardian.co.uk

High Court overturns ruling striking out £60,000 ATE premium for redacted insurance certificate – Litigation Futures

Posted December 6th, 2012 in costs, insurance, news, striking out by sally

“The High Court has overturned a cost judge’s ruling that a redacted after-the-event (ATE) insurance certificate did not comply with the Costs Practice Direction (CPD) because it did not show what premiums would have been payable had the case concluded earlier than it did.”

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Litigation Futures, 6th December 2012

Source: www.litigationfutures.com

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH – WLR Daily

Posted November 21st, 2012 in compensation, EC law, enforcement, insurance, jurisdiction, law reports, transport by sally

Gothaer Allgemeine Versicherung AG and others v Samskip GmbH (Case C-456/11); [2012] WLR (D) 329

“On the proper interpretation of articles 32 and 33 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p 1), the court of a member state in which recognition was sought of a judgment by which a court of another member state had declined jurisdiction on the basis of a jurisdiction clause was bound by the finding—declaring the action inadmissible—regarding the validity of that judgment.”

WLR Daily, 15th November 2012

Source: www.iclr.co.uk