Injured workers face tougher battle for compensation under government plans – The Guardian

“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”

Full story

The Guardian, 8th November 2012

Source: www.guardian.co.uk

More on more on damages – NearlyLegal

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages was revisited after representations by the ABI and APIL.”

Full story

NearlyLegal, 11th October 2012

Source: www.nearlylegal.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

CoA finds for insurers on damages uplift – Law Gazette

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“The Court of Appeal has ruled that a 10% uplift on general damages will not apply to cases begun before 1 April on a conditional fee agreement (CFA).”

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Law Society’s Gazette, 10th October 2012

Source: www.lawgazette.co.uk

Car insurance industry to face Competition Commission investigation – The Guardian

Posted September 28th, 2012 in competition, insurance, news by tracey

“Britain’s private motor insurance market has been referred to the Competition Commission to investigate whether drivers are being hit with artificially high car hire and repair charges.”

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The Guardian, 28th September 2012

Source: www.guardian.co.uk

Leicester kebab shop fire pair jailed for manslaughter – BBC News

Posted September 27th, 2012 in arson, forensic science, fraud, homicide, insurance, news, sentencing by sally

“A man and a woman from Birmingham have been found guilty of manslaughter after a 40-year-old Leicester man died following an explosion at a kebab shop.”

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BBC News, 26th September 2012

Source: www.bbc.co.uk

Man wins house fire legal battle – The Independent

Posted September 18th, 2012 in fire, insurance, news by sally

“A man has won a legal battle over an insurance company’s refusal to pay up for a fire it claimed was deliberately started by his partner.”

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The Independent, 17th September 2012

Source: www.independent.co.uk

Insurance fraud register launched to aid crackdown on fake claims – OUT-LAW.com

Posted September 14th, 2012 in data protection, fraud, insurance, news by tracey

“Individuals that make false insurance claims will have their details added and stored on a new ‘Insurance Fraud Register’ (IFR) for five years in a bid by the insurance industry to crackdown on fraudsters.”

Full story

OUT-LAW.com, 13th September 2012

Source: www.out-law.com

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd; Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening – WLR Daily

Posted September 7th, 2012 in EC law, insurance, law reports, negligence, road traffic by tracey

Wilkinson v Fitzgerald and Churchill Insurance Company Ltd: Evans v Cockayne and Equity Claims Ltd, Secretary of State for Transport intervening: [2012] EWCA Civ 1166: [2012] WLR (D)  260

“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”

WLR daily, 24th August 2012

Source: www.iclr.co.uk

FSA calls for clampdown on sales commissions – BBC News

Posted September 5th, 2012 in banking, consumer protection, financial regulation, insurance, news by sally

“The UK’s financial watchdog will call for a clampdown later on commissions paid for selling insurance, loans and bank accounts.”

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BBC News, 5th September 2012

Source: www.bbc.co.uk

ABI sues over personal injury judgment that changes damages policy – The Lawyer

Posted September 3rd, 2012 in appeals, damages, insurance, news, personal injuries by tracey

“The Association of British Insurers (ABI) is preparing to go into battle with the claimant lobby after the Court of Appeal (CoA) said damages should be raised by 10 per cent from April next year.”

Full story

The Lawyer, 3rd September 2012

Source: www.thelawyer.com

House fire couple’s insurance battle over ‘occupancy’ – BBC News

Posted September 3rd, 2012 in complaints, financial advice, financial services ombudsman, fire, insurance, news by tracey

“Not living full-time in your home can invalidate your insurance, as one couple found out when fire devastated their property during renovation work.”

Full story

BBC News, 2nd September 2012

Source: www.bbc.co.uk

Asbestos cancer compensation scheme is ‘too limited and too late’ for victims – The Guardian

“A scheme to compensate victims of asbestos cancer will not come into force for two years, so many will die before receiving any money, the government is being warned.”

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The Guardian, 19th August 2012

Source: www.guardian.co.uk

Government considers extension of winding up powers beyond banks – OUT-LAW.com

Posted August 6th, 2012 in banking, consultations, EC law, government departments, insurance, news, winding up by sally

“The Government is seeking views on whether to extend its existing powers to stabilise or wind up ‘systemically important’ large banks to other vital financial services functions such as investments and insurance.”

Full story

OUT-LAW.com, 6th August 2012

Source: www.out-law.com

Insurers seek claims legislation reform following UK riots – The Guardian

Posted August 2nd, 2012 in insurance, news, police, violent disorder by sally

“A year after the UK riots, insurers have called on the government to reform legislation relating to claims for riot damage after more than half the claims they submitted to police authorities were declined.”

Full story

The Guardian, 2nd August 2012

Source: www.guardian.co.uk

Arbitration News: Sulamerica – the law governing an agreement to arbitrate – Hardwicke Chambers

Posted July 27th, 2012 in arbitration, conflict of laws, injunctions, insurance, news by sally

“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined.”

Full story

Hardwicke Chambers, 18th July 2012

Source: www.hardwicke.co.uk

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by tracey

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11);  [2012] WLR (D)  217

“The concept of  ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by tracey

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Lawyers must do better – The Guardian

Posted July 19th, 2012 in fees, insurance, law firms, legal profession, news by tracey

“Legal insurance and conditional and fixed-fee arrangements aren’t serving people’s best interests.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

FSA finds banks guilty of mis-selling to small firms – BBC News

Posted June 29th, 2012 in banking, financial regulation, insurance, news, small businesses by tracey

“The Financial Services Authority says banks mis-sold specialist insurance known as interest rate swaps tied to thousands of small businesses.”

Full story

BBC News, 29th June 2012

Source: www.bbc.co.uk