Category: indemnities

Costs budgets- revisions and indemnity costs – 4 New Square

Posted June 26th, 2013 in amendments, budgets, costs, indemnities, news by sally

“On 14 June 2013 in Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC) Mr Justice Coulson handed down another important judgment on the application of the new costs management rules (in CPR r.3.15- r.3.18), albeit his decision relates to the Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme (‘PD 51G’). In particular, Coulson J considered (i) the impact of an order for costs on the indemnity basis; (ii) what a party needs to do to seek approval of a revised costs budget; (iii) when a party should make an application for such approval; and (iv) what test the court applies on such an application. Coulson J’s findings are highlighted in bold below.”

Full story (PDF)

4 New Square, 25th June 2013

Source: www.4newsquare.com

City solicitors strike deal with commercial Bar over special terms of business – Legal Futures

Posted February 1st, 2013 in barristers, contracts, indemnities, legal services, news, solicitors by tracey

“The City of London Law Society (CLLS) and Commercial Bar Association (Combar) have published model terms of business for barristers instructed in commercial cases after more than two years of negotiation.”

Full story

Legal Futures, 1st February 2013

Source: www.legalfutures.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by tracey

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

The Employers’ Liability Policy Trigger Litigation – 4 New Square

Posted April 3rd, 2012 in asbestos, employment, indemnities, industrial injuries, insurance, news by sally

“The Supreme Court handed down judgment in the Employers’ Liability Policy Trigger Litigation on 28 March 2012. The appeals of the run-off insurers on the construction of ‘disease contracted’ were dismissed and the appeals of the insureds and Zurich against the construction of ‘sustaining injury’ were allowed. The result is that employers’ liability policies which are written on a ‘sustained’ or ‘contracted’ basis will, in mesothelioma cases, respond by reference to the date of exposure rather than the date of the tumour. The Court was divided on a subsidiary question of causation as to the application of the ‘special rule’ in Fairchild. Lord Phillips would have held that none of the policies responded but the majority was firmly against his view.”

Full story (PDF)

4 New Square, 28th March 2012

Source: www.4newsquare.com

Asbestos court ruling leaves insurers facing bill of up to £5bn – The Guardian

Posted March 29th, 2012 in asbestos, indemnities, industrial injuries, insurance, news, Supreme Court by sally

“Insurers may have to pay out as much as £5bn to relatives of those who have died from asbestos-related cancers following a supreme court judgment that will benefit thousands of families.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Posted April 8th, 2011 in charterparties, indemnities, law reports, Scotland, shareholders, subsidiary companies by sally

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) – WLR Daily

Posted January 28th, 2011 in champerty, costs, indemnities, law reports by sally

Sibthorpe and another v Southwark London Borough Council (Law Society intervening) [2011] EWCA Civ 25; [2011] WLR (D) 21

“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”

WLR Daily, 26th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others – WLR Daily

Posted October 20th, 2010 in asbestos, indemnities, industrial injuries, insurance, law reports by sally

In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256

“In any year in which an employee underwent substantial exposure to asbestos and subsequently developed mesothelioma, the mesothelioma was ’caused’ by the exposure during that year. An insurance policy which was worded to indemnify the employer against disease ’caused’ during employment thus responded to the mesothelioma. However, employers’ liability policies framed in terms of the employee suffering or sustaining an injury did not have the same effect. Employees did not suffer or sustain an injury within the meaning of the policies when they were exposed to asbestos. Injury was not suffered until the onset of malignancy, and policies with that type of wording did not indemnify the employer. Mesothelioma might also be ‘contracted’ when exposure occurred.”

WLR Daily, 19th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Army chiefs in Afghanistan cannot be sued for death of their troops – The Times

Posted June 15th, 2009 in Afghanistan, armed forces, human rights, indemnities, news by sally

“Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier.”

Full story

The Times, 15th June 2009

Source: www.timesonline.co.uk

Pitts and Others v Jones

Posted December 19th, 2007 in guarantees, indemnities, law reports by sally

Pitts and Others v Jones

“In distinguishing oral promises as either guarantees or indemnities under the Statute of Frauds 1677, the classic criterion relying on interest in the transaction was not to be taken literally; not every interest in the transaction took the promise out of the statute.”

The Times, 19th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.