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.”

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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 sally

“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 sally

“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 sally

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 sally

“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

CPP faces £33.4m bill for fines and compensation after FSA investigation – The Guardian

Posted November 15th, 2012 in compensation, financial regulation, fines, insurance, news by sally

“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.”

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The Guardian, 15th November 2012

Source: www.guardian.co.uk

Injured workers face tougher battle for compensation under government plans – The Guardian

“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”

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The Guardian, 8th November 2012

Source: www.guardian.co.uk

More on more on damages – NearlyLegal

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“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.”

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NearlyLegal, 11th October 2012

Source: www.nearlylegal.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

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

CoA finds for insurers on damages uplift – Law Gazette

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“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).”

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Law Society’s Gazette, 10th October 2012

Source: www.lawgazette.co.uk

Car insurance industry to face Competition Commission investigation – The Guardian

Posted September 28th, 2012 in competition, insurance, news by sally

“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.”

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The Guardian, 28th September 2012

Source: www.guardian.co.uk

Leicester kebab shop fire pair jailed for manslaughter – BBC News

Posted September 27th, 2012 in arson, forensic science, fraud, homicide, insurance, news, sentencing by sally

“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.”

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BBC News, 26th September 2012

Source: www.bbc.co.uk

Man wins house fire legal battle – The Independent

Posted September 18th, 2012 in fire, insurance, news by sally

“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.”

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The Independent, 17th September 2012

Source: www.independent.co.uk