“The Competition Commission must reconsider its ban on the sale of payment protection insurance (PPI) at the same time as a loan or credit, the Competition Appeal Tribunal has ruled. But the decision is not necessarily the end of the point of sale prohibition.”
OUT-LAW.com, 20th October 2009
Source: www.out-law.com
“Firms will have to review all the complaints about Payment Protection Insurance (PPI) mis-selling that they have rejected since 2005 under tough new proposals announced this week by the Financial Services Authority.”
OUT-LAW.com, 2nd October 2009
Source: www.out-law.com
“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
“Equitable Life policyholders take their claim for compensation to the Royal Courts of Justice on Tuesday in a bid to overturn a Government ruling that gives them a fraction of what they say is a fair entitlement.”
The Times, 20th July 2009
Source: www.timesonline.co.uk
Privy Council
“After-the-event insurance premiums and success fees under conditional fee agreements entered into with English counsel and solicitors were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not permit conditional fee agreements or allow for a successful party’s expenditure on after-the-event premiums to be an allowable disbursement.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212
“Success fees under conditional fee agreements, and premiums paid on ‘after the event’ (‘ATE’) insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on ATE premiums to be an allowable disbursement.”
WLR Daily, 29th June 2009
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.
Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200
“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”
WLR Daily, 19th June 2009
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.
Chancery Division
“Companies offering introductory services to channel would-be customers to insurers by electronic means and who received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from value-added tax.”
Times Law Reports, 5th June 2009
Source: www.timesonline.co.uk
“Companies which offered introductory services, in order to channel would-be customers to insurers by electronic means, and which received a commission in the event of a contract of insurance being concluded were insurance brokers or insurance agents falling within the exemption from VAT provided for by Group 2 in Sch 9 to the Value Added Tax Act 1994, which implemented art 13B(a) of Council Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes.”
WLR Daily, 18th May 2009
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.
“Ann Abraham, the Parliamentary Ombudsman, has today laid before both Houses of Parliament a further report concerning Equitable Life.”
Parliamentary and Health Service Ombudsman, 6th May
Source: www.ombudsman.org.uk
Hatzl and Another v XL Insurance Co Ltd
Court of Appeal
“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”
The Times, 16th April 2009
Source: www.timesonline.co.uk
Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99
“The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”
WLR Daily, 19th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”
Law Commission, 11th March 2009
Source: www.lawcom.gov.uk
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89
“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”
WLR Daily, 11th March 2009
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.
“The Serious Fraud Office has started a ‘preliminary inquiry’ into American insurance firm AIG’s London operation, founded by Joseph Cassano who spearheaded the group’s ill-fated move into complex debt derivatives.”
The Guardian, 13th February 2009
Source: www.guardian.co.uk
Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21
“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”
WLR Daily, 26th January 2009
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.
Allianz Insurance Co – Egypt v Aigaion Insurance Co SA
Court of Appeal
“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”
The Times, 20th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Egg, the online bank owned by Citigroup, has been fined £721,000 for ‘serious failings’ on sales of credit card payment protection insurance (PPI) to nearly half its customers over a three-year period. The bank may have to pay millions of pounds to customers in PPI refunds.”
The Times, 11th December 2008
Source: www.timesonline.co.uk
Pratt v Aigaion Insurance Co SA
Court of Appeal
“A marine insurance term requiring the warranted owner and/or his experienced skipper to be on board and in charge at all times with one experienced crew member, was not to be read literally but construed in the context of the policy as a whole and the surrounding circumstances; so construed, it applied when the vessel was being navigated or manoeuvred but not when it was tied up in dock.”
The Times, 3rd December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Legal moves to reclaim hundreds of thousands of pounds illegally claimed by the wife of a back-from-the-dead canoeist are due to begin.”
BBC News, 25th November 2008
Source: www.bbc.co.uk
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