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Case review 21/01/2022
Sections 25 and 25A of the Organised and Serious Crimes Ordinance (Cap. 455) (“OSCO”) have once again come under the spotlight in a recent judicial review.
Case review 21/01/2022
On 13 January 2022, the Court of Appeal handed down the latest judgment considering whether a defendant can be held liable for psychiatric injury suffered by a close relative of a primary victim of clinical negligence.
Article 21/01/2022
On January 13, 2022, the Superior Court of New Jersey, Law Division, held in Merck & Co., Inc., et al. v. ACE Amer. Ins. Co., et al., that the Hostile/Warlike Action Exclusion in various property policies did not prohibit coverage for the NotPetya cyberattack launched by the military arm of the Russian Federation government against the country of Ukraine.
Article 20/01/2022
On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue insurance companies that “unreasonably” deny or delay paying claims for uninsured (“UM”) or underinsured motorist (“UIM”) coverage.
Case review 17/01/2022
Brexit has an undeniably huge role in shaping our legal system for the future. On 9 December 2021, the Court of Justice of the European Union (CJEU) handed down judgment in Tattersall v Seguros Catalana Occidente S.A and Basquille on the long debated ‘Keefe question’. It is important to consider the significance of this judgment and the effect that Brexit will have on such issues moving forward.
Article 17/01/2022
Michael Gove has become the latest housing secretary to make promises in respect of building safety in the wake of the Grenfell Tower tragedy. Specifically, under an ominous banner declaring “developers must pay”, Gove promised that leaseholders will not be required to meet the costs of cladding removal. While this is a positive development, there is currently little firm detail as to how it will be achieved.
Article 14/01/2022
The Building Safety Bill was introduced to the House of Commons on 5 July 2021, just over four years since the Grenfell Tower disaster. Royal Assent is expected to be given to the Bill in July 2022. In our latest factsheet, our experts explore how the Bill will impact every stage of a higher-risk buildings life, from planning, design, construction to occupation and management.
Case review 12/01/2022
The High Court dismissed a claim for asbestos-related lung cancer after declining to find evidence sufficient to cause a breach of duty or to double the risk of contracting a lung cancer.
Article 12/01/2022
As the pandemic continues, once again businesses are starting the New Year looking for more certainty. We are therefore taking a high level look at some key legal and regulatory certainties likely to have a significant impact on insurers and intermediaries in 2022. The following proposals are already (or imminently) either in force or in consultation.
Article 12/01/2022
In American Family Mut. Ins. Co. v. Carmel, Inc., the Illinois federal district court ruled that a CGL policy did not provide “personal and advertising injury” defense coverage for an underlying class action brought under the Illinois Biometric Information Privacy Act (BIPA) on account of the policy’s employment-related practices (ERP) exclusion.
