26 results
18 Jan 2021 12:59
3PB burns the midnight oil for claimant businesses ahead of Supreme Court decision in their favour on the FCA’s Business Interruption Insurance test case3PB Head of Chambers David Berkley QC and fellow commercial litigation barrister Neil Fawcett have been burning the midnight oil since Christmas ahead of today’s test case in favour of their clients, most of whom are small to medium-sized businesses, after the Supreme Court found in favour of the more...
16 Sep 2020 08:24
Judgment in FCA Business Interruption Test Case provides hope to thousands of businessesBy Jonathan Lowe A few months ago I wrote a few articles about a test case brought by the Financial Conduct Authority (please see here). The test case was brought in an effort to bring clarity and re-assurance to businesses which had not only been decimated by the Covid 19 pandemic but had also been more...
12 May 2020 14:32
Insurance Broker ClaimsThe 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 more...
29 Apr 2020 10:02
An Insight into Business Interruption Insurance: Causation & QuantumIntroduction 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. Causation The causation issues engaged will vary more...
21 Apr 2020 11:05
An Insight into Business Interruption InsuranceThe Covid19 pandemic has wreaked havoc on the UK economy, leading to an ever-increasing number of business interruption claims. Whilst the FCA have warned insurers to act promptly, there is a query as to whether the losses are covered. In the coming weeks Hailsham will be offering a series of more...
30 Mar 2020 15:00
Brain injury solicitors report greater cooperation from insurersNew research by barristers at Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims and rehabilitation process through 164 in-depth interviews with claimant brain injury partners at law firms throughout the country more...
4 Nov 2019 12:19
Travelers Insurance Company Ltd v XYZTom Stafford has written a case note of the Supreme Court decision in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48. This decision overturned the ruling of the Court of Appeal, and provides guidance on the principles to be applied when third party costs orders are sought against professional more...
3 Jul 2019 09:40
Are there any refuges left for the dishonest Claimant in committal proceedings? The effect of Zurich Insurance Plc v Romaine [2019] EWCA Civ 851Introduction In my earlier article (see here) I argued that despite a concerning approach to dishonesty in Smith v Ashwell [2019] 1 WLUK 541 (23/1/19), Defendants and insurers should be assured that the prevailing judicial attitude was one of increasing censure for any form of dishonesty. That, more...
7 Jun 2019 14:34
David Knifton QC in landmark Court of Appeal ruling on MIB’s liability for accidents on private landIn a landmark ruling, the Court of Appeal handed down the keenly-awaited judgment in MIB v Lewis [2019] EWCA Civ 909, concerning the liability of the MIB for accidents involving uninsured vehicles on private land. In a unanimous decision, the Court ruled that the provisions of Articles 3 and 10 of more...
30 May 2019 10:51
John Wyn Williams prosecutes man who conned widows out of thousands of poundsJohn Wyn Williams from Exchange Chambers has prosecuted a 42-year-old man from Swansea who conned three Anglesey widows out of thousands of pounds. Three weeks ago at Caernarfon Crown Court, Jason Edwards pleaded guilty to six charges against him. Two counts of engaging in aggressive commercial more...
20 Feb 2019 16:09
Liability insurers’ exposure to s51 non-party costs orders: Various Claimants v. AIG (Europe) Limited [2019] EWHC 34 (QB)In what circumstances is a liability insurer, standing behind a defendant to litigation, vulnerable to a non-party costs order in the claimant’s favour under section 51 of the Senior Courts Act 1981? In May of 2018, the Court of Appeal considered that question in respect of a standard product more...
20 Feb 2019 15:12
Cameron v Liverpool Victoria Insurance Co Ltd: Suing Unnamed Defendants & the Approach to Alternative ServiceThe Supreme Court has now handed down judgment in Cameron v Liverpool Victoria Insurance Co Ltd. The case concerns the issue as to whether/when it is permissible to issue proceedings against an unnamed defendant. The Supreme Court’s decision marks a reversal in the recent trend of courts more...
6 Feb 2019 08:57
A reminder of the possible difficulties when one party relies on another to take out insurance: Palliser v FateIntroduction The recent decision of Andrew Burrows QC, sitting as a Judge of the High Court, in Palliser Limited v Fate Limited (In Liquidation) [2019] EWHC 43 (QB), is a useful reminder of the difficulties that can arise where one party (here a tenant) relies on another (its landlord) to take out more...
24 Jan 2019 10:00
Laird supporting the Modern Law AwardsWe're looking forward to the Modern Law Awards at the end of this month. This year we're sponsoring the awards, which we consider important to support the legal industry. We've won a few awards here over the years, but this time we have forgone any nominations as we’re both sponsoring the event and more...
21 Jan 2019 15:11
Another non-party costs order made against a liability insurerThis case again highlights the perils facing insurers of claims in which the insured’s liability may exceed the limit of indemnity under the policy, after Foskett J granted an application for a non-party costs order in a case where insurers were obliged, after reaching an agreement with their more...
30 Nov 2018 09:10
Gareth Compton successfully represents council in bringing contempt of court caseCounsel from a Birmingham barristers’ chambers has represented a West Midlands council in a contempt of court case against a woman who fraudulently claimed for damages. Gareth Compton, of No5 Barristers’ Chambers, represented Walsall Metropolitan Borough Council in the case. Karen Britton, 45, of 44 more...
14 Nov 2018 16:45
Louisa Denning addresses delegates at Association of British Insurers' ConferenceLouisa Denning recently addressed delegates at the Association of British Insurers' Conference on the subject of "Prosecuting Fraudsters: Contempt and Committal”. The need to crack down on false claims is not a new initiative. In 2011 in South Wales Fire and Rescue Service v South [2011] EWHC Lord more...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
28 Sep 2018 09:19
Toby v Allianz – FSD 152 of 2013: illegality in insurance contracts and the operation of the loss payee clause and financial loss exclusionThe Grand Court of the Cayman Islands has recently handed down its decision in Toby v Allianz Global Risks US Insurance Company – FSD 152 of 2013 (IMJ) a claim concerning aviation hull insurance in which Ben Elkington QCacted for the successful defendant insurer. A copy of the decision is available more...
20 Sep 2018 08:31
From Quinn Direct to Sports Direct: why should regulators be better off than insurers when it comes to privileged documents?In this article, Helen Evans and William Harman of 4 New Square argue that the recent decision in Financial Reporting Council Limited v Sports Direct International Plc[2018] EWHC 2284 (Ch) reignites the debate about whether regulators should be better off than insurers when it comes to seeking more...
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