Category: insurance

‘In early May the UK government became the first in the world to declare an environment and climate change emergency. The impact of climate change will affect every aspect of daily life, and generates a number of significant financial risks.’

‘So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.’

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

‘The Financial Conduct Authority (FCA) will become responsible for the regulation of claims management companies in Great Britain from April this year in a move broadly welcomed within the insurance sector. Legislation implementing the reforms provides some details on how the new regime will work.’

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’