‘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.’
Hardwicke Chambers, 8th January 2020
Source: hardwicke.co.uk
‘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.’
4 New Square, 31st December 2019
Source: www.4newsquare.com
‘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.’
39 Essex Chambers, 7th January 2020
Source: www.39essex.com
‘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%.’
Litigation Futures, 17th December 2019
Source: www.litigationfutures.com
‘A Facebook advert for a company that sells “life insurance to die for” has been banned for trivialising suicide among young men.’
Daily Telegraph, 11th December 2019
Source: www.telegraph.co.uk
‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’
Local Government Lawyer, 4th December 2019
Source: www.localgovernmentlawyer.co.uk
‘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).’
Litigation Futures, 20th November 2019
Source: www.litigationfutures.com
‘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.’
Legal Futures, 20th November 2019
Source: www.legalfutures.co.uk
‘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.’
St John's Buildings, 5th November 2019
Source: stjohnsbuildings.com
‘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.’
UKSC Blog, 11th November 2019
Source: ukscblog.com
‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’
Litigation Futures, 30th October 2019
Source: www.litigationfutures.com
‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’
Litigation Futures, 25th October 2019
Source: www.litigationfutures.com
‘A furniture shop owner has been jailed for 20 years for causing a “colossal” explosion which injured 81 people in an attempt to claim insurance.’
Daily Telegraph, 23rd October 2019
Source: www.telegraph.co.uk
‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’
The Independent, 17th October 2019
Source: www.independent.co.uk
‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’
Litigation Futures, 15th October 2019
Source: www.litigationfutures.com
‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’
BBC News, 14th October 2019
Source: www.bbc.co.uk
‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’
Litigation Futures, 19th August 2019
Source: www.litigationfutures.com
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