Government will implement ECJ insurance ruling, but only for new insurance contracts – OUT-LAW.com

Posted July 4th, 2011 in contracts, EC law, insurance, news, sex discrimination by sally

“The UK Government is to abide by a European ruling on the use of gender in insurance, although it says the judgment goes against common sense.”

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OUT-LAW.com, 4th July 2011

Source: www.out-law.com

Lawyers back Jack Straw’s bid to ban referral fees – The Lawyer

Posted June 28th, 2011 in fees, insurance, news, personal injuries by sally

“Personal injury lawyers have applauded former justice secretary Jack Straw’s calls to ban referral fees, saying the practice does not benefit law firms or their clients.”

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The Lawyer, 28th June 2011

Source: www.thelawyer.com

Price comparison sites may be breaking financial advice regulations, says FSA – OUT-LAW.com

Posted June 17th, 2011 in consumer protection, financial advice, insurance, internet, news by sally

“Price comparison sites may be in breach of financial advice regulations when they lead customers to insurance policies, regulator the Financial Services Authority (FSA) has said.”

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OUT-LAW.com, 16th June 2011

Source: www.out-law.com

Barclays makes pledge on PPI compensation – The Independent

Posted June 13th, 2011 in banking, compensation, insurance, news by tracey

“Barclays pledged today to compensate on a no-quibbles basis tens of thousands of its customers who were mis-sold payment protection insurance (PPI).  The group is the first bank to make such a move as it confirmed it was contacting customers who made a complaint before April 20 to settle claims in full as a ‘gesture of goodwill’.”

Full story

The Independent, 13th June 2011

Source: www.independent.co.uk

Professional negligence litigation rise down to the unscrupulous few – Law Society’s Gazette

“Economically speaking, the law is generally thought to be a counter-cyclical profession.”

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Law Society’s Gazette, 12th May 2011

Source: www.lawgazette.co.uk

British Bankers’ Association v Financial Services Authority and another – WLR Daily

Posted April 26th, 2011 in banking, compensation, financial regulation, insurance, law reports by sally

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shadow justice minister attacks Jackson costs reforms – Law Society’s Gazette

Posted April 21st, 2011 in costs, insurance, news, personal injuries by sally

“Shadow justice minister Andy Slaughter called on personal injury lawyers to get their clients involved in the fight to amend the government’s proposals on civil litigation costs.”

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Law Society’s Gazette, 21st April 2011

Source: www.lawgazette.co.uk

UK banks lose payment protection insurance challenge – BBC News

Posted April 20th, 2011 in banking, compensation, insurance, judicial review, news by sally

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

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BBC News, 20th April 2011

Source: www.bbc.co.uk

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Posted April 4th, 2011 in appeals, contracts, insurance, law reports by sally

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fraudster Phillip Morris jailed after shooting himself – BBC News

Posted March 14th, 2011 in fraud, insurance, news, perverting the course of justice, sentencing by sally

“An insurance fraudster who shot himself in the chest as part of string of scams has been jailed for six-and-a-half years at Caernarfon Crown Court.”

Full story

BBC News, 11th March 2011

Source: www.bbc.co.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Posted March 7th, 2011 in costs, fees, insurance, law reports by sally

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Posted March 3rd, 2011 in EC law, insurance, law reports, pensions, sex discrimination by sally

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Is European court gender insurance ruling completely bonkers? – The Guardian

Posted March 2nd, 2011 in EC law, insurance, news, sex discrimination by sally

“Legally speaking, the judgment from the European court of justice that prohibits use of gender in underwriting premiums is unsurprising.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Gender insurance ruling: case study – The Guardian

Posted March 1st, 2011 in EC law, insurance, news, sex discrimination by sally

“Jade Sell is a young driver whose car insurance premium is set to rise as a result of today’s ECJ ruling on gender.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Men and women will pay the same for insurance from 2012 – OUT-LAW.com

Posted March 1st, 2011 in human rights, insurance, news, pensions, sex discrimination by sally

“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 1st March 2011

Source: www.out-law.com

Insurers set for sex discrimination ruling – BBC News

Posted March 1st, 2011 in human rights, insurance, news, sex discrimination by sally

“Young women could face big increases in the cost of car insurance, if insurers are told that they have to stop quoting different prices for men and women.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

Posted February 28th, 2011 in EC law, human rights, insurance, news, pensions, sex discrimination by sally

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

Full story

Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

Risk Management Partners Ltd v Brent London Borough Council and another – WLR Daily

Posted February 11th, 2011 in insurance, law reports, local government, tenders by sally

Risk Management Partners Ltd v Brent London Borough Council and another [2011] UKSC 7; [ 2011] WLR (D) 42

“A group of local authorities who awarded insurance contracts to a mutual insurance company they had set up for that purpose, without putting the contracts out to competitive tender, had not been acting contrary to the Public Contracts Regulations 2006.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad – WLR Daily

Posted February 3rd, 2011 in insurance, law reports, shipping law by sally
“A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage.”
WLR Daily, 2nd February 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jackson slams piecemeal civil litigation funding proposals – OUT-LAW.com

Posted February 2nd, 2011 in costs, damages, fees, insurance, news by sally

“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”

Full story

OUT-LAW.com, 2nd February 2011

Source: www.out-law.com