PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures

‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’

Full Story

Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Coronavirus/COVID-19 – the impact on contracts – Technology Law Update

Posted March 16th, 2020 in contracts, coronavirus, health, insurance, news by sally

‘The COVID-19 outbreak is now causing widespread disruption in many countries, with increasing impact on supply chains and transport. What can you do if you or your counterparties are prevented from normal contractual performance by the disease?’

Full Story

Technology Law Update, 13th March 2020

Source: www.technology-law-blog.co.uk

Defendant sentenced after being caught on CCTV injuring himself to claim against housing association – Local Government Lawyer

‘A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.’

Full Story

Local Government Lawyer, 10th March 2020

Source: www.localgovernmentlawyer.co.uk

“Careless” solicitor who practised unauthorised struck off – Legal Futures

‘A solicitor who carried on practising for almost five months after his practising certificate (PC) and indemnity insurance expired has been struck off.’

Full Story

Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

Full Story

Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

Full Story

Park Square Barristers, 31st January 2020

Source: www.parksquarebarristers.co.uk

Court rejects LiP’s “indiscriminate attack” on legal expenses insurers – Litigation Futures

‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’

Full Story

Litigation Futures, 30th January 2020

Source: www.litigationfutures.com

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

Full Story

Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

Full Story

Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square

Posted January 16th, 2020 in damages, delay, insurance, news by sally

‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’

Full Story

4 New Square, 14th January 2020

Source: www.4newsquare.com

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in costs, indemnities, insurance, news, piracy, ships by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

Full Story

Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Solicitor-client costs: negligence, documents and coverage – 4 New Square

Posted January 9th, 2020 in costs, indemnities, insurance, negligence, news, podcasts, solicitors by sally

‘With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.’

Full Story

4 New Square, 31st December 2019

Source: www.4newsquare.com

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

Full Story

39 Essex Chambers, 7th January 2020

Source: www.39essex.com

ABI drops discount rate judicial review threat – Litigation Futures

Posted December 18th, 2019 in compensation, insurance, judicial review, news, personal injuries by sally

‘The Association of British Insurers (ABI) has decided not to launch judicial review proceedings over the previous government’s decision to raise the discount rate, but only to -0.25%.’

Full Story

Litigation Futures, 17th December 2019

Source: www.litigationfutures.com

Advert offering ‘life insurance to die for’ banned for trivialising suicide – Daily Telegraph

Posted December 12th, 2019 in advertising, complaints, insurance, internet, news, suicide by tracey

‘A Facebook advert for a company that sells “life insurance to die for” has been banned for trivialising suicide among young men.’

Full Story

Daily Telegraph, 11th December 2019

Source: www.telegraph.co.uk

Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

Full Story

Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Partners made “secret profit” from flight delay ATE insurance – Litigation Futures

Posted November 20th, 2019 in airlines, delay, disciplinary procedures, insurance, news, secret profits, solicitors by sally

‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Litigation Futures, 20th November 2019

Source: www.litigationfutures.com

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

Full Story

Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

Full Story

St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

Full Story

UKSC Blog, 11th November 2019

Source: ukscblog.com