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The building safety saga continues – new regulations to encourage responsible behaviour in the construction sector
Last month, the Department for Levelling Up, Housing and Communities (DLUHC) laid the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (the regulations) before Parliament.
The regulator crack-down: will it all come out in the greenwash?
The action taken by regulatory bodies in Australia against greenwashing has shown no signs of slowing down, with ASIC recently issuing an infringement notice to Future Super Investments Services for overstating its environmental impact in a Facebook post made in 2019. In this article, we discuss why regulators in Australia are concerned about greenwashing, recent action taken by ASIC and the ACCC as well as the impact of increased regulatory scrutiny on insurance and insurers.
Professions and Financial Lines Brief: latest decisions May 2023
A roundup of the latest court decisions and regulations touching on the following issues: solicitors’ advice regarding disclaimers, breach of director’s fiduciary duties of an insolvent company, solicitors’ duties to a third party, and interpretation of an exclusion clause.
Climate change and subsidence - should insurers have a sinking feeling?
Subsidence claims arising from climate change are increasing, creating significant challenges for insurers. In this article, our experts provide a brief summary of what is required from insurers and construction professionals to meet these challenges.
Best Lawyers Australia 2024
Congratulations to the 18 partners and lawyers who have been recognised by their peers in the 2024 edition of Best Lawyers Australia and Best Lawyers “Ones to Watch”, both published in the Australian Financial Review.
Case review 03/04/2023
Arrassey Properties Ltd v Nelsons solicitors: The future of ground rent claims
The Leasehold Reform Act (Ground Rent) 2022 abolished escalating ground rents for most new residential leases but offered no recourse for existing leaseholders. Claims brought by existing leaseholders therefore persisted, placing significant strain on court resources. Absent any binding precedent or judicial commentary in this emerging area of law, parties hit an impasse as neither side were able to provide authorities in support of their positions.
Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit
In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others”—precluded coverage under a lawyers professional liability insurance policy issued to the law firm Miller Barondess, LLP for a malicious prosecution action.
Building safety regulation - what is in the pipeline for construction professionals?
In the past six months, we have seen the launch of over 15 consultations and countless new guidelines on building safety in England and Wales. Such a high level of regulatory activity on one topic in a relatively short period of time is rather unusual. In this article, we provide an overview of the potential key changes for construction professions and highlight some of the potential implications for our clients.
Hong Kong Regulatory Insurance Update February 2023
In this February 2023 edition of Regulatory Insurance Update, the Hong Kong Corporate & Commercial Team provide the latest updates relating to the law and regulations, developments, and news in the insurance industry in Hong Kong.
The new Consumer Duty and the impact on brokers
The FCA’s new Consumer Duty is due to come into force this July, as noted in our report 'Insurance forecast 2023: claims trends and future risks'. The Consumer Duty will have a significant impact on insurers and insurance intermediaries. This article specifically focusses on the impact of the new Consumer Duty on insurance brokers.