‘The High Court has refused an insurer permission to rely on a new expert whose evidence reduced the estimated life expectancy of a personal injury claimant.’
Law Society's Gazette, 17th June 2020
Source: www.lawgazette.co.uk
‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’
Parklane Plowden Chambers, 10th June 2020
Source: www.parklaneplowden.co.uk
‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
‘Just over a quarter (26%) of defendants are using Covid-19 as an excuse to stall brain injury claims, despite guidelines urging the parties to take a consensual approach, research has suggested.’
Litigation Futures, 9th June 2020
Source: www.litigationfutures.com
‘The Financial Conduct Authority (FCA) is expecting the High Court to hear its test cases on whether business interruption (BI) insurance policies cover Covid-19 in the second half of July.’
Litigation Futures, 1 June 2020
Source: www.litigationfutures.com
‘The insurance world is currently on high alert due to the circumstances around Covid-19 leading to widespread notifications on Business Interruption (BI) policies, among others. This note, prepared by William Flenley QC and Alicia Tew, considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies. A further note will consider causation and loss in insurance broker claims.’
Hailsham Chambers, May 2020
Source: www.hailshamchambers.com
‘The Financial Conduct Authority (FCA) has instructed City giant Herbert Smith Freehills for the test cases it intends to run on whether business interruption (BI) insurance covers the coronavirus pandemic.’
Litigation Futures, 18th May 2020
Source: www.litigationfutures.com
‘In this recent case, the Defendant was the professional indemnity insurer of Westoe 19 (formerly Colin Lilley Surveying Limited) referred to throughout the Judgment as “CLS”. CLS was a limited company whose business was property valuation.’
Park Square Barristers, 12th May 2020
Source: www.parksquarebarristers.co.uk
‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’
3PB, 28th April 2020
Source: www.3pb.co.uk
‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’
3PB, 4th May 2020
Source: www.3pb.co.uk
‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’
UKSC Blog, 5th May 2020
Source: ukscblog.com
‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’
Hailsham Chambers, April 2020
Source: www.hailshamchambers.com
‘Britain’s financial watchdog is urgently seeking clarity from the courts over the insurance rights of companies whose business has been disrupted by the Covid-19 pandemic.’
The Guardian, 1st May 2020
Source: www.theguardian.com
‘A High Court judge has narrowly allowed a case to survive despite a wait of almost three years following the identification of a party. Solicitors for the claimant in Gregory v H J Haynes had applied for the limitation period to be extended after a fruitless search for the defendant’s insurer had taken them past the initial three-year limitation date.’
Law Society's Gazette, 28th April 2020
Source: www.lawgazette.co.uk
‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
‘Given the scale of the damage to the UK economy which the pandemic continues to cause, it is unsurprising that a large number of claims has already arisen. We can expect considerable litigation, not least because individual claims will turn on their particular facts and the precise policy wording employed. Further, the problems associated with these claims place a spotlight on the potential liability of brokers. Nonetheless, certain general points and themes can be discussed at a high level.’
Hailsham Chambers, April 2020
Source: www.hailshamchambers.com
‘If you find the word “virus” in the Definitions section of a typical business insurance policy, it will likely refer to malware, trojans or spyware infecting a company’s computer system and not to Covid-19 or anything like it which infects people.’
Thomas More Chambers, 14th April 2020
Source: www.thomasmore.co.uk
‘Some of Britain’s biggest insurance companies are facing legal action from small business owners who say their legitimate business interruption claims have been unfairly turned down.’
The Guardian, 12th April 2020
Source: www.theguardian.com
‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘Many events, including music, theatre, conferences and exhibitions have been cancelled or postponed in the wake of COVID-19 and more will follow.’
4 New Square, 25th March 2020
Source: www.4newsquare.com
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