In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction against the defendant (Weyerhaeuser), having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: … Read more
In Sveriges Angfartygs Assurans Forening (The Swedish Club) and Ors v Connect Shipping Inc and Anor [2019] WLUK 126, the Supreme Court considered what expenditure should be taken into account when determining whether a ship is a constructive total loss (CTL) under the Marine Insurance Act 1906. The Court upheld the decisions of the lower … Read more
In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in Munich Re Capital Limited v Ascot Corporate Name Limited [2019] EWHC 2768 (Comm) held that there was no maintenance cover under a facultative excess of loss reinsurance contract … Read more
Herbert Smith Freehills has today released a webinar looking at insurance issues in class actions. In the presentation Sarah McNally and Greig Anderson discuss how to maximise insurance recoveries when class action risk arises. Clients and contacts of the firm can register to access the archived version by contacting Webinars. The webinar is the fourth in our series of webinars … Read more
An Australian state Court of Appeal decision has expressly rejected the reasoning of Mr Justice Flaux (as he then was) in the English High Court case of Synergy Health (UK) Ltd v CGU Insurance Plc [2010] EWHC 2583 (Comm), finding that depreciation is not to be deducted as a “saving” when quantifying loss of Gross … Read more
In an important recent decision, the Court of Appeal has confirmed the test for rectifying a contractual document on the grounds of common mistake: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361. In summary, the Court confirmed that to establish a claim for rectification, a party must prove that the … Read more
As in many jurisdictions, class actions are becoming more frequent in the English courts. A body of case law is building up, and that will be added to by three cases which are to go to the Supreme Court, as discussed on this recent post on our Litigation Blog. Significant disputes of all types frequently … Read more
Warranty and Indemnity (W&I) insurance is being used more and more widely across the breadth of global M&A activity to provide protection to buyers for breaches of warranty. Whilst the W&I insurance policy will govern how and what claims can be made by buyers, there is considerable case law relating to the measure of damages … Read more
The UK’s data protection authority, the ICO, has announced twice in two days this week that it proposes to levy significant fines on organisations for breaches of the General Data Protection Regulation (GDPR), which took effect in May 2018. First it announced that it intends to fine British Airways some £183 million for a data … Read more
