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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.
The appointments of Gavin Henderson and Daniela Fusi, both formerly Clyde & Co (Scotland) partners, takes the total number of fee earners to 23 across our offices in Edinburgh and Glasgow, with more new fee earners expected to join in the coming months as we enjoy another record year.
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.
We’re delighted to announce that our London office is to move into London’s iconic Walkie-Talkie building as part of a major workplace transformation programme.
In this briefing, we consider the latest court decisions relating to abuse of process, duties of accountants as introducers, pre-action disclosure, policy interpretation, late notification, reflective loss principle and inducement.
Ireland is set to increase regulatory oversight of persons with decision making power in regulated financial entities. The changes being proposed are likely to lead to an increase in both the number of claims made under the directors' & officers' (D&O) insurance policies of those regulated entities and the costs incurred in respect of those claims.
Cryptocurrency, cybersecurity, and corporate fraud securities class actions filed against China-based issuers at an alarming rate
Chinese corporations continue to look to public markets in the United States as a capital source. With increased listings comes an increase in shareholder litigation. An examination of the types of shareholder lawsuits that target these companies, and subsequent settlements are important considerations for claims professionals and underwriters as they evaluate some of the unique risks that these issuers listed in the United States face. Additionally, as the rules and regulations surrounding all issuers are constantly evolving, underwriters may wish to consider Securities and Exchange Commission (“SEC”) guidance issued regarding disclosure considerations for these issuers that list on U.S. Exchanges.
Case review 03/12/2021
This recent decision emphasises the importance of careful drafting by insurers of the questions posed to potential insureds at policy placement – the answers being crucial to the duty of fair presentation, misrepresentation and/or an insured’s obligation to disclose material facts.
In the latest episode of Insurance Post TV, experts across the insurance sector preview the COP26 climate summit in Glasgow, which took place from 31 October until the middle of November.
Impacts of the Spanish Climate Change and Energy Transition Act and EU Taxonomy on financial institutes and their insurers
The Climate Change and Energy Transition Act came into force in May 2021. Assuming the objectives of the EU Green Deal and the Paris Agreement global framework, the new Act provides ambitious regulations to reduce greenhouse gas emissions, promoting transition to renewable energies and energy efficiency models to be implemented in a wide scope of sectors such as energy, transport and financial.