‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’
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Radcliffe Chambers, 3rd April 2017
Source: www.radcliffechambers.com
‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’
OUT-LAW.com, 31st March 2017
Source: www.out-law.com
‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’
Litigation Futures, 29th March 2017
Source: www.litigationfutures.com
‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’
Litigation Futures, 27th March 2017
Source: www.litigationfutures.com
‘The term ‘a series of related matters or transactions’ in a professional indemnity (PI) insurance policy merely requires some inter-connection between the matters or transactions, and not an ‘intrinsic’ relationship, the UK’s highest court has ruled.’
OUT-LAW.com, 22nd March 2017
Source: www.out-law.com
‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’
Zenith PI Blog, 22nd March 2017
Source: www.zenithpi.wordpress.com
‘The Supreme Court has sided with a leading professional indemnity insurer in interpreting the rules that govern the way insurers can aggregate multiple claims against solicitors.’
Legal Futures, 22nd March 2017
Source: www.legalfutures.co.uk
‘The first case settled under controversial new compensation rules for serious injuries has seen an NHS trust forced to nearly triple its payout to a 10-year-old girl left with cerebral palsy from £3.8m to £9.3m.’
The Guardian, 20th March 2017
Source: www.guardian.co.uk
‘As Flax LJ neatly states at the beginning of his leading unanimous Judgment, “These two appeals are the latest round in the long-running battle between the motor insurance market and the credit hire companies”. Both appeals concerned the question of the correct approach to the assessment of damages in respect of a pecunious claimant.’
Zenith PI Blog, 16th March 2017
Source: www.zenithpi.wordpress.com
‘An after-the-event insurer (ATE) has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy.’
Litigation Futures, 7th March 2017
Source: www.litigationfutures.com
‘Leading legal expenses insurer DAS is predicting an increase in demand for motor legal expenses insurance (MLEI) as a result of the Ministry of Justice’s response to the proposed personal injury reforms announced last week.’
Litigation Futures, 1st March 2017
Source: www.litigationfutures.com
‘Three men involved in a “cash for crash” scam which killed an 88-year-old woman in Leeds have been convicted.’
BBC News, 27th February 2017
Source: www.bbc.co.uk
‘Complaints to the financial ombudsman about payday loans have risen to almost 200 a week – and not all of those experiencing problems necessarily fit the image of low-income borrowers relying on short-term loans to get by.’
The Guardian, 28th February 2017
Source: www.guardian.co.uk
‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’
OUT-LAW.com, 23rd February 2017
Source: www.out-law.com
‘The UK Government’s response to last year’s consultation on driverless cars concluded that the current approach of rolling regulatory reform was the right one, giving the flexibility to adapt to technological change and enabling innovation in a step-by-step way. The focus should be on technologies that are near to market, working to facilitate their safe introduction to UK roads.’
Technology Law Update, 22nd February 2017
Source: www.technology-law-blog.co.uk
‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:
MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.
Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’
Zenith PI Blog, 21st February 2017
Source: www.zenithpi.wordpress.com
‘An irrevocable undertaking by a claimant company’s owner to pay adverse costs is not equivalent to after-the-event (ATE) insurance and so not enough to defeat an application for security for costs, the High Court has ruled.’
Litigation Futures, 20th February 2017
Source: www.litigationfutures.com
‘As with many insurance policies, the Respondent’s policy with the Appellant insurance company contained a condition precedent requiring the insured to notify its insurer “as soon as possible after the occurrence of any event likely to give rise to a claim”. The Appellant withdrew indemnity to the Respondent in respect of a claim, contending that such condition precedent had not been met.’
Park Square Barristers, 23rd January 2017
Source: www.parksquarebarristers.co.uk
‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’
New Law Journal, 16th February 2017
Source: www.newlawjournal.co.uk
‘A highly experienced solicitor who breached the Money Laundering Regulations 2007 in a property transaction that led to a £500,000 fraud did not act dishonestly, the High Court has ruled.’
Legal Futures, 17th February 2017
Source: www.legalfutures.co.uk
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