Category: insurance

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

Posted November 1st, 2019 in appeals, class actions, compensation, cosmetic surgery, costs, insurance, news, Supreme Court, third parties by sally

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, costs, hospitals, insurance, negligence, news, proportionality by sally

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures

Posted October 28th, 2019 in accidents, compensation, insurance, news, road traffic by tracey

‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’

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Litigation Futures, 25th October 2019

Source: www.litigationfutures.com

Furniture shop owner who deliberately caused an explosion that injured 81 people in a botched insurance job jailed for 20 years – Daily Telegraph

Posted October 24th, 2019 in explosives, fraud, insurance, news, sentencing by sally

‘A furniture shop owner has been jailed for 20 years for causing a “colossal” explosion which injured 81 people in an attempt to claim insurance.’

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Daily Telegraph, 23rd October 2019

Source: www.telegraph.co.uk

UK couple ‘had 11-year-old son stabbed to death to claim £150,000 insurance payout’ – The Independent

Posted October 18th, 2019 in adoption, children, extradition, India, insurance, murder, news by tracey

‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’

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The Independent, 17th October 2019

Source: www.independent.co.uk

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

Posted October 16th, 2019 in admissibility, data protection, evidence, expert witnesses, insurance, news, personal injuries by sally

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

New Ferry explosion: Furniture shop owner guilty of causing blast – BBC News

Posted October 15th, 2019 in explosives, fraud, insurance, news, personal injuries by tracey

‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

Court proceedings pack change “renders portal offer void” – Litigation Futures

Posted August 19th, 2019 in appeals, civil procedure rules, damages, documents, insurance, news, personal injuries by tracey

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Rural crime in Britain hits seven-year high – The Guardian

Posted August 5th, 2019 in agriculture, gangs, insurance, news, statistics, theft by tracey

‘Rural crime has hit a seven-year high, costing the UK £50m in 2018, a report says. In its annual study of offences against farmers and rural businesses, the insurer NFU Mutual found rural crime in 2018 was up 12% on the previous year.’

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The Guardian, 5th August 2019

Source: www.theguardian.com

CA ruling on ATE and proportionality “a victory for access to justice” – Litigation Futures

Posted July 19th, 2019 in costs, insurance, news, proportionality by tracey

‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’

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Litigation Futures, 18th July 2019

Source: www.litigationfutures.com

Gauke sets new discount rate at -0.25% – Litigation Futures

Posted July 15th, 2019 in compensation, indexation, insurance, interest, news, personal injuries by tracey

‘Lord Chancellor David Gauke announced this morning that he is to change the personal injury discount rate from -0.75% to -0.25%, a lower figure than was widely anticipated.’

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Litigation Futures, 15th July 2019

Source: www.litigationfutures.com

Case Comment: Sveriges Angfartygs Assurans Forening (The Swedish Club) and others v Connect Shipping Inc and another [2019] UKSC 29 – UKSC Blog

Posted July 11th, 2019 in insurance, news, repairs, shipping law, ships, Supreme Court by sally

‘John Butler is a senior associate in the insurance and reinsurance group at CMS, specialising in maritime disputes. John is dual-qualified in Hong Kong and England & Wales, and regularly acts for international clients in Hong Kong litigation and international arbitration, particularly in international trade disputes under charterparties, bills of lading, letters of credit and contracts of affreightment.’

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UKSC Blog, 10th July 2019

Source: ukscblog.com

Revealed: Children to be exempt from whiplash portal – for now – Legal Futures

Posted July 8th, 2019 in accidents, children, computer programs, insurance, internet, Motor Insurers’ Bureau, news, personal injuries, small claims by sally

‘Children and protected parties are to be exempt from the increase in the small claims limit and the new whiplash portal – at least for now – Legal Futures can reveal.’

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Legal Futures, 8th July 2019

Source: www.legalfutures.co.uk

Property damage “will be covered” by whiplash regime – Legal Futures

Posted July 2nd, 2019 in accidents, compensation, inquiries, insurance, internet, litigants in person, Ministry of Justice, Motor Insurers’ Bureau, news, personal injuries, select committees by sally

‘The whiplash portal for litigants in person will cover claims for property damage, in addition to personal injury and uninsured losses, the Motor Insurers Bureau (MIB) has confirmed.’

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Legal Futures, 2nd July 2019

Source: www.legalfutures.co.uk

Anger with MoJ over whiplash reforms begins to boil over – Legal Futures

Posted June 26th, 2019 in accidents, compensation, delay, fraud, insurance, Ministry of Justice, news, personal injuries, road traffic by sally

‘Both the claimant and defendant representatives have expressed frustration with the progress of the government’s whiplash reforms, and doubted it will be ready for April 2020 as planned.’

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Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

Insurers agree to be bound by ADR in new whiplash system – Legal Futures

Posted June 14th, 2019 in accidents, dispute resolution, fees, insurance, news, personal injuries, road traffic by sally

‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by tracey

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

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Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

‘Spiking’ of mesothelioma reinsurance claims not permitted – OUT-LAW.com

Posted June 7th, 2019 in appeals, cancer, compensation, employment, health & safety, industrial injuries, insurance, news by tracey

‘Insurers are not permitted to “spike” mesothelioma-related reinsurance claims arising under employers’ liability policies, the The Court of Appeal in the UK has ruled.’

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OUT-LAW.com, 6th June 2019

Source: www.out-law.com