In what is undoubtedly a significant decision for boards seeking to grapple with how to respond to the impact of climate change on their company’s business as well as the D&O insurance market, the High Court has refused permission for ClientEarth, a minority shareholder in Shell plc, to continue a derivative action on behalf of … Read more

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. Its recommendations are separate to, but take into account, the planned extension of fixed recoverable costs to cases valued at up to £100,000 which is now due to come in … Read more

A recent case has considered whether property damage caused by the controlled detonation of a World War II bomb was “occasioned by war”. If it was, the damage would be excluded from cover by the operation of a war exclusion clause under a property damage and business interruption policy (the Policy). Read more

There are some exciting changes and promotions in the Insurance & Professional Risks team at Herbert Smith Freehills effective from 1 May that we wanted to share with our clients and contacts. Read more

The Court of Appeal handed down judgment today in David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, unanimously dismissing the appeal.  Herbert Smith Freehills Partner Will Glassey and Associate Henry Saunders acted for the successful Defendant Andrew Thornhill KC. Read more

On 30 March 2023, the Treasury published a Call for Evidence alongside a joint PRA/FCA Discussion Paper, launching the first comprehensive review of the Senior Managers and Certification Regime ("SMCR") since its introduction. Read more

We are pleased to share with you our Insurance & Professional Risks Annual Review of 2022 which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market. Read more

In Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors [2023] EWCA Civ 61 the Court of Appeal considered the jurisdiction of the English court to hear claims brought by the Claimant policyholders against their insurers for indemnities for business interruption losses (BI) arising from the Covid-19 pandemic. In doing … Read more