Right to damages for ‘unreasonably’ late insurance claims settlement now in force – OUT-LAW.com

Posted May 9th, 2017 in contracts, damages, delay, financial regulation, insurance, news by sally

‘Business and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.’

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OUT-LAW.com, 8th May 2017

Source: www.out-law.com

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures

Posted May 9th, 2017 in appeals, costs, expert witnesses, indemnities, insurance, news by sally

‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’

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Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

Private patients to miss out on compensation from God complex breast surgeon as Spire and union refuse to cover costs – Daily Telegraph

‘Hundreds of private patients of Ian Paterson, the rogue breast surgeon facing jail for mutilating women, may be denied compensation due to a legal loophole.

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Daily Telegraph, 29th April 2017

Source: www.telegraph.co.uk

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

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OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Solicitors, trainee and paralegal jailed after landmark convictions for insurance fraud conspiracy – Legal Futures

Posted April 10th, 2017 in fraud, insurance, news, paralegals, police, sentencing, solicitors by sally

‘Two solicitors, a trainee and a paralegal are among six men who have today been jailed for a total of 13 and a half years at Liverpool Crown Court for insurance fraud that cost victims £426,000.’

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Legal Futures, 7th April 2017

Source: www.legalfutures.co.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘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

Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘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.’

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OUT-LAW.com, 31st March 2017

Source: www.out-law.com

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by sally

‘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.’

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Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

Changes to insurance industry reducing work for their lawyers, research claims – Litigation Futures

Posted March 28th, 2017 in insurance, law firms, news, reports by sally

‘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.’

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Litigation Futures, 27th March 2017

Source: www.litigationfutures.com

Supreme Court backs ‘straightforward’ interpretation of professional indemnity insurance terms – OUT-LAW.com

Posted March 23rd, 2017 in appeals, class actions, holidays, insurance, law firms, news, solicitors, Supreme Court by sally

‘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.’

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OUT-LAW.com, 22nd March 2017

Source: www.out-law.com

Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘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.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

Supreme Court backs insurer’s bid to cap liability for multiple claims against law firm – Legal Futures

‘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.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

NHS trust triples injury payout to £9.3m under controversial new rules – The Guardian

‘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.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

CREDIT HIRE IN THE COURT OF APPEAL AGAIN – MCBRIDE –v- UK INSURANCE LIMITED; CLAYTON –v- EUI LIMITED [2017] EWCA Civ 144 – Zenith PI Blog

Posted March 17th, 2017 in insurance, news, road traffic by sally

‘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.’

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Zenith PI Blog, 16th March 2017

Source: www.zenithpi.wordpress.com

ATE insurer escapes £320,000 costs liability because of policy breaches – Litigation Futures

Posted March 7th, 2017 in contracts, costs, damages, insurance, news by sally

‘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.’

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Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

Legal expenses insurers will pick up the baton as Ministry of Justice whiplash reforms reduce access to justice for many – Litigation Futures

Posted March 2nd, 2017 in insurance, news, personal injuries, small claims by sally

‘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.’

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Litigation Futures, 1st March 2017

Source: www.litigationfutures.com

Judge convicts Leeds ‘cash for crash’ killers – BBC News

Posted March 1st, 2017 in conspiracy, fraud, homicide, insurance, juries, news, road traffic by sally

‘Three men involved in a “cash for crash” scam which killed an 88-year-old woman in Leeds have been convicted.’

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BBC News, 27th February 2017

Source: www.bbc.co.uk

Payday loans complaints rise 22% despite FCA clampdown – The Guardian

Posted February 28th, 2017 in banking, complaints, consumer credit, financial regulation, insurance, news, statistics by sally

‘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.’

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The Guardian, 28th February 2017

Source: www.guardian.co.uk

New UK laws address driverless cars insurance and liability – OUT-LAW.com

Posted February 24th, 2017 in bills, damages, insurance, news, personal injuries, road traffic by sally

‘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’

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OUT-LAW.com, 23rd February 2017

Source: www.out-law.com

Regulators should recognise that drivers cannot be expected to stay in-the-loop in highly autonomous vehicles – Technology Law Update

Posted February 23rd, 2017 in computer programs, consultations, insurance, news, road safety, road traffic by sally

‘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.’

Full story

Technology Law Update, 22nd February 2017

Source: www.technology-law-blog.co.uk