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Case review 2021-10-14
In a judgment handed down on 9 August 2021, the Privy Council further refined the principle of “reflective loss” following the landmark Supreme Court decision in Sevilleja v Marex Finance .
On August 18, 2021, the Eastern District of Wisconsin concluded in Joy Global Inc. v. Columbia Casualty Co., 2021 WL 3667077 (E.D. Wis. Aug. 18, 2021), that the “Bump-Up” carve-out from the definition of “Loss” in a Directors and Officers’ (“D&O”) policy precluded indemnity coverage for several shareholder lawsuits arising out of an acquisition transaction.
In this briefing, we consider the latest court decisions relating to aggregation of dishonesty claims, unregulated introducers, breach of confidentiality and misuse of private information, undertakings, director’s fiduciary duties, the rule against reflective loss and limitation.
The 2021 United Nations Climate Change Conference (also known as COP26) is taking place in Glasgow between 31 October and 12 November 2021. With the summit approaching, we have recently seen a plethora of proposed governmental policy supporting the UK’s commitment to transition to a net zero economy.
It will not come as a shock to most that climate change and climate action is at the forefront of the national agenda. The recently published Intergovernmental Panel on Climate Change report provided a stark warning as to the possible consequences of climate change, should action not be taken without delay.
Case review 2021-08-13
High Court judgment considers breach of confidence and misuse of private information in data breach claim
Judgment has been handed down in the case of Warren v DSG Retail Ltd, striking out the claimant’s claim for breach of confidence, misuse of private information and negligence.
Understanding the political direction of travel at a country level is increasingly significant for businesses operating across international borders. This report demonstrates how salient macro-political issues are among grassroots communities, providing businesses and their insurers with a clear understanding of emerging risk to enable long-term sustainable operations.
The post-Brexit landscape demands consideration in a number of business critical areas. In our latest report, we examine the outstanding issues around the mutual recognition of regulations, and the impact to UK insurers.
Insurers and intermediaries: UK legal and regulatory certainties for 2021 - Part 3: Preparing for the inevitable – operational resilience
Anyone working in financial services will know something of the dramatic impact that IT and communications systems failures can have on their work. The inexorable rise in cyber attacks, set against the total reliance on these systems for staff working from home in recent times has brought these issues even more sharply into focus.
A summary of ESG developments, including two perspectives of the impacts of Milieudefensie et al v Royal Dutch Shell plc [26.05.21] on financial institutions and insurers – one from the UK and one from the USA; the latest update on sustainability reporting; and the Department for Business, Energy and Industrial Strategy proposals to strengthen the UK’s framework for corporate governance.