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Case review 15/01/2021
Our previous article considered the High Court’s decision in Rowe & Ors v Ingenious Media Holdings plc & Ors. The Court of Appeal (CoA) has now provided guidance on when a court should exercise its discretion to require a voluntary cross-undertaking in damages as a condition of requiring a claimant or their commercial litigation funder to provide security for costs.
A 2019 FCA study on the wholesale insurance broker market was prematurely concluded due to no findings of significant harm. On 3 November 2020, the FCA published a “Dear CEO” letter, which sets out the FCA’s supervision strategy for Lloyd’s & London Market Intermediaries and Managing General Agents. This article summarises those strategies and considers how to minimise risk.
The insurance industry has seen a vast array of natural catastrophes over the last 20 years, however no catastrophe has generated such unquantifiable loss as the coronavirus pandemic. In this article, we look briefly at the role of the loss adjuster, the recent challenges they have faced in light of remote working, and the potential for an increase in future negligence claims.
Case review 30/10/2019
Supreme Court unanimously concludes that insurers were not liable to pay the uninsured claimants’ costs
Today, the Supreme Court has sensibly overturned the decisions of the lower courts in Travelers in concluding that Travelers’ conduct did not cross the line into ‘unjustified intermeddling’ (per TGA Chapman Limited v Christopher ) in litigation to which it was not a party.
Case review 14/01/2019
Judgment applies reciprocity test, holding liability insurer liable to pay claimants’ costs under s.51 Senior Courts Act
In the first significant decision concerning s.51 Senior Courts Act 1981 since the Court of Appeal handed down judgment in May 2018 in Travelers Insurance Company Limited v XYZ, Mr Justice Foskett has applied the “principle of reciprocity” established in XYZ in directing that a liability insurer should pay Claimants’ costs as a third party funder.
Case review 01/10/2018
The first lesson to take away from Dreamvar is that when acting for a seller, it is imperative to ensure that adequate and appropriate proof of identity and ownership is obtained, and moreover to use best endeavours to ascertain whether such proof is genuine.