‘After the event (ATE) litigation costs insurance which can be voided is not adequate security for costs, the Court of Appeal has ruled.’
OUT-LAW.com, 27th November 2017
Source: www.out-law.com
‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’
Tanfield Chambers, 1st November 2017
Source: www.tanfieldchambers.co.uk
‘After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, Lord Justice Longmore said the case raised “important questions of principle” because the original decision showed “there may be a tendency (I put it no higher) for judges at first instance to accept that an ATE policy can stand as security for costs.’
Litigation Futures, 23rd November 2017
Source: www.litigationfutures.com
‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’
Hailsham Chambers, 3rd November 2017
Source: www.hailshamchambers.com
‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’
Byrom Street Chambers, September 2017
Source: www.byromstreet.com
‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’
Law Society's Gazette, 20th November 2017
Source: www.lawgazette.co.uk
‘Abolishing Personal Injuries Law – A project’
Supreme Court, 16th November 2017
Source: www.supremecourt.uk
‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’
Law & Religion UK, 15th November 2017
Source: www.lawandreligionuk.com
‘The City watchdog has turned its attention towards London’s £68bn insurance broking market following “significant changes” to the lucrative sector since its last probe a decade ago.’
Daily Telegraph, 8th November 2017
Source: www.telegraph.co.uk
‘A defendant does not have to specifically plead fundamental dishonesty for a court to find that qualified one-way costs shifting (QOCS) should be disapplied, the Court of Appeal has ruled.’
Litigation Futures, 31st October 2017
Source: www.litigationfutures.com
‘As noted previously, the Automated and Electric Vehicles Bill currently under consideration by Parliament includes draft rules concerning the insurance of “automated” vehicles – being vehicles “designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves”. Tesla, Volvo, and BMW amongst others have already developed vehicles with limited self-driving capabilities, although fully autonomous vehicles (i.e. those actually capable of driving themselves) are still in the testing phase.’
Technology Law Blog, 30th October 2017
Source: www.technology-law-blog.co.uk
‘The UK Government has proposed new legislation to support the development and take-up of autonomous and electric vehicles.’
Technology Law Blog, 24th October 2017
Source: www.technology-law-blog.co.uk
‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’
Litigation Futures, 24th October 2017
Source: www.litigationfutures.com
‘The number of reports notifying the UK’s Financial Conduct Authority (FCA) of suspicious transactions have risen to their highest ever level, more than doubling in the last two years.’
OUT-LAW.com, 23rd October 2017
Source: www.out-law.com
‘It is frequently common for lessees to complain that the decision of a landlord to insure the freehold building with a particular insurer or under a particular policy is unreasonable because it is too expensive. Often the complaint is based on the lessee having found an alternative quote that does not include the same level of cover as is deemed necessary by the landlord. Sometimes, however, there are also cases where lessees find “like for like” quotes that are significantly cheaper than that obtained by the landlord. While it is well established that s.19, Landlord and Tenant Act 1985 does not require a landlord to obtain services at the cheapest cost, where there is evidence that the market will generally provide those services at a significantly lower price the First-tier Tribunal is more likely to find that the costs incurred by the landlord are not reasonable.’
Tanfield Chambers, 19th October 2017
Source: www.tanfieldchambers.co.uk
‘Construction and engineering projects, whether land-based or marine, are inherently risky. For this reason, parties to construction and engineering contracts manage risk by seeking to allocate responsibility for each different type of risk to a particular party.’
Hardwicke Chambers, 20th October 2017
Source: www.hardwicke.co.uk
‘New legislation designed to support the use of electric and driverless cars has been proposed by the UK government.’
OUT-LAW.com, 19th October 2017
Source: www.out-law.com
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