The Grip of the Peril: Sky UK Limited & Another v Riverstone Managing Agency Limited & Others – 4 New Square

Posted December 19th, 2024 in appeals, chambers articles, construction industry, indemnities, insurance, news by tracey

‘Property insurance is generally written to cover damage caused by an insured peril during the period of indemnity. What if the damage is progressive or liable to spread? Will the insurance cover damage that worsens or spreads to further parts of the property after the policy expires?’

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4 New Square, 19th December 2024

Source: www.4newsquare.com

Contribution Claims and the Third Parties (Rights Against Insurers) Act 2010 Riedweg v HCC and others [2024] EWHC 2805 (Ch) – Hailsham Chambers

‘When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010, can that insurer bring a contribution claim against another person whom, the insurer claims, is also liable to the claimant for the same loss as was caused by the insurer’s insured? That was the question for the Court in Riedweg v HCC, the first reported decision on this important point.’

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Hailsham Chambers, 13th November 2024

Source: www.hailshamchambers.com

Medico-legal market consolidating and growing “more strongly” – Legal Futures

‘The value of the medico-legal market grew by 4% in 2024, double the growth rate of the previous year, researchers have estimated.’

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Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk

Supreme court grants permission for appeal against UK car finance ruling – The Guardian

‘The supreme court has granted permission for two car lenders to appeal against a landmark ruling on motor finance commission payments that has left firms fearing a potential £30bn compensation bill.’

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The Guardian, 11th December 2024

Source: www.theguardian.com

Have you renewed your MOT? RTA claims and “ex turpi causa” – UK Human Rights Blog

Posted December 10th, 2024 in accidents, causation, ex turpi causa, illegality, insurance, negligence, news, road traffic by tracey

‘Ali v HSF Logistics Polska SP ZOO [2024] EWCA 1479. This was a very simple case that illustrates in a nutshell the courts’ approach to the principle of “ex turpi causa”: the notion that prevents a claimant from seeking a legal remedy if the claim arises in connection with their own illegal or immoral act. Even in a civil case, courts are reluctant to allow a party to benefit from their own wrongdoing, as it may be seen as contrary to the interests of justice and social morals. However, it cannot be a blanket rule, as we shall see from the case below. Proportionality has to to be applied.’

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UK Human Rights Blog, 10th December 2024

Source: ukhumanrightsblog.com

When can Contribution Claims run into trouble? – 4 New Square

Posted November 14th, 2024 in chambers articles, contribution, insolvency, insurance, news, third parties by tracey

‘Insolvency and Contribution Claims make uneasy companions in the professional liability sphere. The latest proof is the judgment of Master Brightwell on Monday this week in Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805. Helen Evans KC explains the challenge that emerged in that case – and how variations of it have manifested themselves elsewhere.’

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4 New Square, 13th November 2024

Source: www.4newsquare.com

Major new crackdown on insurance fraud – Home Office

Posted October 28th, 2024 in fraud, government departments, insurance, news by tracey

‘A new insurance fraud charter was announced at the latest Joint Fraud Taskforce meeting.’

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Home Office, 25th October 2024

Source: www.gov.uk

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by tracey

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com

Key changes to ICAEW Professional Indemnity Insurance requirements – Kingsley Napley Regulatory Blog

Posted September 25th, 2024 in accountants, chambers articles, consultations, insurance, news by sally

‘In December 2023, the ICAEW Regulatory Board, along with the Professional Indemnity Insurance Committee (PIIC), began reviewing ICAEW’s insurance requirements. A consultation on the proposed changes was held from 18 October to 14 December 2023. After reviewing the feedback, the ICAEW has confirmed changes to the Professional Indemnity Insurance (PII) regime to take effect on 1 September 2024. This blog will explore the PII requirements, a summary of key changes and their purpose and impact.’

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Kingsley Napley Regulatory Blog, 23rd September 2024

Source: www.kingsleynapley.co.uk

Insolvency cover clarified – Peabody Trust v NHBC – Local Government Lawyer

‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

UK insurance firms must ensure fair value of products following FCA review – OUT-LAW.com

‘Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.’

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OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Financial watchdog to review pure protection insurance market – The Independent

Posted August 29th, 2024 in competition, financial regulation, insurance, markets, news by sally

‘The financial watchdog is to review the UK’s pure protection insurance market, amid concerns that competition in the sector is “not working well”.’

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The Independent, 28th August 2024

Source: www.independent.co.uk

City watchdog raises concerns over £4bn life insurance market – The Guardian

‘The UK financial watchdog is to investigate whether insurance companies are ripping off “vulnerable” customers who take out policies designed to financially protect them and their families in case of serious illness or death.’

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The Guardian, 28th August 2024

Source: www.theguardian.com

The need for speed in BSA funding decisions – Falcon Chambers

Posted August 8th, 2024 in building law, chambers articles, contracts, insurance, news, repairs by sally

‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’

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Falcon Chambers, 22nd July 2024

Source: www.falcon-chambers.com

Dr. Arun Kasi and Amrit K. Dhanoa’s on Shipping, Monthly, Issue 5 | July 2024 – 4-5 Gray’s Inn Square

Posted August 6th, 2024 in chambers articles, insurance, news, shipping law by tracey

‘AK on shipping – monthly”

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4-5 Gray’s Inn Square , 31st July 2024

Source: www.4-5.co.uk

Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

Insurers win costs orders against Anexo over credit hire – Legal Futures

Posted July 19th, 2024 in costs, insurance, law firms, news by michael

‘His Honour Judge Saunders in Central London County Court held that Direct Accident Management Ltd (DAML) was the “real party” to litigation to recover the credit hire charges and should bear the risk of unsuccessful claims.’

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Legal Futures, 19th July 2024

Source: www.legalfutures.co.uk

Man who killed girlfriend in crash jailed for 10 years – BBC News

Posted July 18th, 2024 in dangerous driving, guilty pleas, insurance, news, sentencing, Wales by michael

‘A disqualified driver who killed his girlfriend after speeding into a garden wall has been sentenced to 10 years in jail.’

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BBC News, 17th July 2024

Source: www.bbc.co.uk

Driver who left boy in road after crash sentenced – BBC News

‘A driver who hit a seven-year-old boy in his van and left the scene of the crash has been given a suspended sentence at Folkestone Magistrates’ Court.’

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BBC News, 17th July 2024

Source: www.bbc.co.uk

High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures

‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk