Comparethemarket fined £17.9m by competition watchdog – The Guardian

Posted November 19th, 2020 in compensation, contracts, fines, insurance, internet, news by sally

‘The competition watchdog has imposed a £17.9m fine on price comparison site Comparethemarket.com after it found that clauses in its contracts with home insurers broke competition law.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Claimant lawyers urge Lord Chief to step in on whiplash reforms – Legal Futures

‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

FCA v Arch and Others [2020] EWHC 2448 (Comm): COVID-19 business interruption insurance – 12 King’s Bench Walk

Posted November 17th, 2020 in causation, contracts, coronavirus, financial regulation, indemnities, insurance, news by sally

‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’

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12 King's Bench Walk, 2nd November 2020

Source: www.12kbw.co.uk

Supreme court case looms as insurers battle firms over Covid cover – The Guardian

‘Eight months since the UK coronavirus lockdown forced the temporary closures of restaurants, bars, shops, hairdressers and other small businesses, thousands who are still awaiting payouts from their insurers to cover lost income will hope a supreme court hearing will result in a ruling that favours about 200,000 policyholders.’

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The Guardian, 16th November 2020

Source: www.theguardian.com

Insurer fails in aggregation argument over partner’s multi-million pound thefts – Legal Futures

‘The High Court has refused to aggregate as one claim various actions a Yorkshire law firm’s indemnity insurer is facing because of a multi-million pound fraud run by one of its partners.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Causation in insurance law – a new interpretation? – Hardwicke Chambers

Posted October 30th, 2020 in causation, chambers articles, insurance, interpretation, news by sally

‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’

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Hardwicke Chambers, 6th October 2020

Source: hardwicke.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

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Litigation Futures, 20th October 2020

Source: www.litigationfutures.com

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Insurers’ decision to appeal Covid insurance test case “disgraceful” – Litigation Futures

Posted October 6th, 2020 in coronavirus, financial regulation, insurance, law firms, news by tracey

‘A law firm at the forefront of the business interruption insurance test case has described insurers’ decision to appeal the High Court ruling as “disgraceful”.’

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Litigation Futures, 5th October 2020

Source: www.litigationfutures.com

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

FCA Covid-19 test case headed for Supreme Court, lawyers predict – Litigation Futures

Posted September 16th, 2020 in appeals, Commercial Court, coronavirus, insurance, news, Supreme Court by michael

‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’

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Litigation Futures, 15th September 2020

Source: www.litigationfutures.com

Small firms thrown lifeline in insurance test case ruling – BBC News

Posted September 16th, 2020 in coronavirus, insurance, news, small businesses by michael

‘Judges ruled that the disease clauses in some business interruption policies should have meant they were covered.’

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BBC News, 15th September 2020

Source: www.bbc.co.uk

ABI: Claims dived during lockdown but their value went up – Litigation Futures

Posted September 7th, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers (ABI).’

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Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Defendant’s “potential exposure” not relevant to security for costs – Litigation Futures

Posted September 2nd, 2020 in costs, fiduciary duty, indemnities, insurance, law firms, news by tracey

‘A defendant’s potential exposure to paying the premium for after-the-event (ATE) insurance necessary to meet its demand for security for costs was “not relevant” to the question of security, the High Court has ruled.’

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Litigation Futures, 1st September 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

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Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk