Court of Appeal concludes EL mesothelioma reinsurance claims cannot be spiked

The peculiar features of mesothelioma have led the English courts and Parliament to create special rules of causation enabling employees to claim in full against a single employer who had exposed them to asbestos. In a series of cases, the English courts have had to grapple with the consequences of that special regime for employers’ … Read more

Supreme Court considers loss of a chance in professional negligence claim

In Perry v Raleys Solicitors [2019] UKSC 5, the Supreme Court considered a professional negligence claim against a firm of solicitors arising out of advice they had given an individual in connection with his claim against the National Coal Board (later British Coal) for Vibration White Finger (VWF). Lord Briggs (with whom the rest of … Read more

INSURANCE AND REINSURANCE DISPUTES ANNUAL REVIEW OF 2018 PUBLISHED

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2018, published today, 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. Please click here or on the picture below to access the 2018 … Read more

Another non-party costs order against a liability insurer

In Various Claimants v Giambrone & Law and Ors [2019] EWHC 34 (QB), the High Court awarded a non-party costs order against a law firm’s professional indemnity insurer under section 51 of the Senior Courts Act 1981 in circumstances where the insurer had effectively relinquished control of the defence of the litigation. The decision follows … Read more

Coverage for ‘Doomsday or Armageddon’ data breach class actions: insurance implications of the Court of Appeal’s decision to confirm Morrisons’ vicarious liability for employee’s deliberate actions

In the recent judgment in Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 233 the Court of Appeal has dismissed an appeal against the High Court’s decision that Morrisons was vicariously liable for its employee’s misuse of data, despite: (i) Morrisons having done as much as it reasonably could to prevent the misuse; and … Read more

Brokers’ negligence – guidance on the scope of the duty and causation

In Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558 (Comm), Mr Justice Butcher considered a negligence claim against the Defendant insurance broker arising out of a fire at a waste recycling facility. The insured’s claim succeeded in part. In his decision, the Judge provided a useful recap on brokers’ duties, in particular their … Read more

Sanctions clauses in a Changing sanctions regime

In Mamancochet Mining Limited v Aegis Managing Agency Limited and Others [2018] EWHC 2643, the High Court held that, in order to avoid payment of a claim, insurers were required to show that payment would expose them to sanctions under US or EU law. A mere exposure to the risk of a sanction was not … Read more

COURT OF APPEAL DECISION IN ENRC: ORTHODOXY RESTORED ON LITIGATION PRIVILEGE, BUT NARROW INTERPRETATION OF “CLIENT” REMAINS FOR NOW

The Court of Appeal has handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006. At first instance, the High Court took a restrictive approach to both litigation privilege and legal advice privilege (see our summary of the decision here). … Read more