“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.”
Litigation Futures, 6th December 2012
Source: www.litigationfutures.com
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
“The identity theft and credit card insurance company CPP faces a £33.4m bill to pay fines and compensation to customers following the conclusion of a long-running investigation by the Financial Services Authority.”
The Guardian, 15th November 2012
Source: www.guardian.co.uk
“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages was revisited after representations by the ABI and APIL.”
NearlyLegal, 11th October 2012
Source: www.nearlylegal.co.uk
Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266
“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
“The Court of Appeal has ruled that a 10% uplift on general damages will not apply to cases begun before 1 April on a conditional fee agreement (CFA).”
Law Society’s Gazette, 10th October 2012
Source: www.lawgazette.co.uk
“Britain’s private motor insurance market has been referred to the Competition Commission to investigate whether drivers are being hit with artificially high car hire and repair charges.”
The Guardian, 28th September 2012
Source: www.guardian.co.uk
“A man and a woman from Birmingham have been found guilty of manslaughter after a 40-year-old Leicester man died following an explosion at a kebab shop.”
BBC News, 26th September 2012
Source: www.bbc.co.uk
“A man has won a legal battle over an insurance company’s refusal to pay up for a fire it claimed was deliberately started by his partner.”
The Independent, 17th September 2012
Source: www.independent.co.uk
“Individuals that make false insurance claims will have their details added and stored on a new ‘Insurance Fraud Register’ (IFR) for five years in a bid by the insurance industry to crackdown on fraudsters.”
OUT-LAW.com, 13th September 2012
Source: www.out-law.com
“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”
WLR daily, 24th August 2012
Source: www.iclr.co.uk
“The UK’s financial watchdog will call for a clampdown later on commissions paid for selling insurance, loans and bank accounts.”
BBC News, 5th September 2012
Source: www.bbc.co.uk
“The Association of British Insurers (ABI) is preparing to go into battle with the claimant lobby after the Court of Appeal (CoA) said damages should be raised by 10 per cent from April next year.”
The Lawyer, 3rd September 2012
Source: www.thelawyer.com
“Not living full-time in your home can invalidate your insurance, as one couple found out when fire devastated their property during renovation work.”
BBC News, 2nd September 2012
Source: www.bbc.co.uk
“A scheme to compensate victims of asbestos cancer will not come into force for two years, so many will die before receiving any money, the government is being warned.”
The Guardian, 19th August 2012
Source: www.guardian.co.uk
“The Government is seeking views on whether to extend its existing powers to stabilise or wind up ‘systemically important’ large banks to other vital financial services functions such as investments and insurance.”
OUT-LAW.com, 6th August 2012
Source: www.out-law.com
“A year after the UK riots, insurers have called on the government to reform legislation relating to claims for riot damage after more than half the claims they submitted to police authorities were declined.”
The Guardian, 2nd August 2012
Source: www.guardian.co.uk
“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined.”
Hardwicke Chambers, 18th July 2012
Source: www.hardwicke.co.uk
“The concept of ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
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