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Insurance and Reinsurance

Publication

Exemption clauses have teeth ‒ negotiate contracts carefully

Published on 02 June 2017. By Ben Goodier, Partner and Claire McNicholl, Senior Associate

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The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.

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Publication

Court of Appeal overturns decision on confidentiality in Huntington’s case

Published on 17 May 2017. By Sian Morgan, Senior Associate

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The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.

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Publication

Product liability update

Published on 10 April 2017. By Gavin Reese, Partner

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In this Update we take a look at some of the recent stories making the news, from driverless cars to advertising for high fat, salt or sugar food or drink products.

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Publication

Supreme Court decides on assignment and variation of CFAs

Published on 07 April 2017. By Nick Bird, Partner

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In Plevin v Paragon Personal Finance Limited the Supreme Court determined that a CFA had been validly assigned to a new firm and that variations to it after 1 April 2013 were not new agreements.

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Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 March 2017. By Robert Morris, Partner

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In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Publication

Solicitors duty to warn - when does it arise?

Published on 01 March 2017. By Paul Castellani, Partner

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The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

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Publication

General Liability update, January 2017

Published on 18 January 2017. By Gavin Reese, Partner

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In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Publication

Court of Appeal applies Wellesley to a claim against lawyers

22 December 2016

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On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Publication

Life Sciences, December 2016

Published on 16 December 2016. By Dorothy Flower, Partner

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Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

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The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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