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The Court of Appeal in its judgment in the appeal of FM Conway Ltd v Rugby Football Union & Ors [2023] EWCA Civ 418 has endorsed the principle that insured parties under a joint names insurance policy are not necessarily all insured to the same extent, even where the policy itself appears to be silent … Read more
The Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, commenced disqualification proceedings against five former non-executive directors (NEDs) of Carillion plc in January 2021, following the compulsory liquidation of the Carillion Group in January 2018. Last month on the eve of trial, the IS discontinued its disqualification proceedings … Read more
Climate change is at the forefront of global news and politics, but it is not just an issue for politicians, policy makers and those working in the energy or environmental fields. Climate change is one of the most significant challenges for business that has ever existed. It is one of the few issues that can … Read more
June saw the second-ever reported judgment in a claim under a Warranty & Indemnity (W&I) insurance policy handed down by the English Courts: Finsbury Foods Plc v Axis Corporate Capital Ltd & Ors [2023] EWHC 1559 (Comm) (the first being Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2014] EWHC 2178 (QB)). Given the lack of … Read more
The judgment in the appeal of Quadra Commodities S.A. v XL Insurance Company SE and Others [2023] EWCA Civ 432 sheds some light on determining whether there is an insurable interest under a policy of insurance. Read more
The most recent of the Covid-19 business interruption insurance cases is London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc [2023] EWHC 1481 (Comm) which confirms that the same approach to causation developed by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 (FCA Test Case) … Read more
In this latest edition of our Class Actions in England & Wales podcast series, Greig Anderson, Sarah Irons and Gregg Rowan discuss how insurance can play a significant role in any class action an organisation may face. The podcast looks at the types of insurance policies that may provide cover, the complexities that can arise, and … Read more
The latest judgment handed down in the spate of recent Covid-19 business interruption (BI) cases is PizzaExpress Group Limited & Ors v Liberty Mutual Insurance Europe SE & another [2023] EWHC 1269 (Comm). The judgment is in respect of a preliminary issue concerning the construction of provisions relating to policy limits. The Pizza Express restaurant … Read more
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