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A digest of recent news (1) - UK judgments
For one reason and another, the blog has been unable to report on much of the recent news. This entry is an attempt to remedy the situation. Normal service should be resumed shortly.
Read moreAre privacy injunctions too restrictive?
Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.
Read moreAnother ruling on privacy injunctions
Judgment was handed down today in a case where a privacy injunction was made in 2008.
Read moreCan employers spy on their employees?
The US media have reported a number of instances in which companies have hired private detectives to spy on workers taking "sickies".
Read moreAnonymity order lifted in marital privacy case
A High Court judge has lifted an anonymity order protecting the identity of a formerly married couple involved in a privacy dispute.
Read moreAnonymity proposed for teachers accused by pupils
The controversial Education Bill was published on 26 January 2011.
Read moreBlanket reporting restriction set aside by Court of Appeal
The Court of Appeal has discharged an order the effect of which would have been to postpone the reporting of an important criminal case for several months.
Read moreA mass outbreak of anonymity: CDE and FGH v MGN and LMN
It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.
Read more7/7 footage withheld from public to protect privacy of victims and their families
The Coroner conducting the inquest into the terror attacks in London on 7 July 2005 has ordered that certain footage shown in court of the aftermath of the 7/7 attacks should not be released to the media.
Read moreAnonymity of egg and sperm donors
A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.
Read moreApplications for privacy injunctions – when notice need not be given
In DFT v TFD [2010] EWHC 2335 (QB) Sharp J made an order to restrain publication of allegedly private and confidential information without notice having been given to either the respondent or the media.
Read moreAnonymisation of parties in matrimonial proceedings
The Court of Appeal has lifted an order by a family court judge which directed that the parties to the proceedings should be anonymised.
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreHong Kong Courts – In with the old and the new technology
In Re Cyberworks Audio Video Technology Ltd,(1) the High Court of Hong Kong decided that it can, as part of its case management powers and of its own volition, order that a directions hearing take place by means of a telephone conference without the physical presence in court of the parties or their legal representatives.
Read moreAdams v Carey – where does the Court of Appeal's decision leave the SIPP market?
The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.
Read moreW&I insurance: Key lessons from recent case law
Recent case law has highlighted the importance of understanding how a buyer on a share or asset sale has valued the target business and the clear drafting of exclusions. This blog considers the key takeaways for both warranty and indemnity (W&I) insurers and insureds.
Read moreML Covered - July 2024
Welcome to the first edition of ML Covered, our new monthly round-up of key events that are relevant for those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreRight language, right place: What King Trader can teach us about the placement of language within insurance policy wordings
The recent High Court judgment of MS Amlin Marine NV on behalf of MS Amlin Syndicate AML/2001 -v- King Trader Ltd & others (Solomon Trader) [2024] EWHC 1813 (Comm) is the latest in a string of recent decisions that shine a light on the construction of insurance policy wordings.
Read more"Let form follow function" in insurance policy drafting: Technip, Project Angel and … the Bauhaus?
The Bauhaus is a fascinating art movement that emerged in Germany from the dying embers of the first world war. Showing up in architecture and product design primarily, at its heart were the principles of simplicity and usefulness and the imperative to create beautiful things through purposeful utilitarianism. A now ubiquitous phrase, that is a lasting legacy of the Bauhaus, underpinning many fundamental design ideas is this: "let form follow function".
Read moreCompulsory mediation in small claims: a quick guide for the busy lawyer
A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.
Read moreNavigating the digital shift: balancing efficiency and customer care in insurance brokerage
Workflow and process efficiency is something that insurance brokers report as one of their main challenges year on year. As technology accelerates faster than ever before, using data and technology is critical to providing exceptional customer service and improving productivity, but what are the risks involved in automation?
Read moreNo bouncing back for directors
Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.
Read moreGeneral Liability newsletter – May 2024
Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.
Read moreMoney Covered: The Week That Was – 10 May
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week That Was – 3 May
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week That Was – 26 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreAre you being smart with your connectable products?
The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.
Read moreMoney Covered: The Week that Was - 19 April
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreSource@RPC – April 2024
The aim of Source@RPC is to provide lawyers, procurement professionals and CIOs/CTOs (amongst others) with a regular update on the legal implications and risks (and how best to manage them) of sourcing and utilising technology and outsourced technology-enabled services, as they affect businesses operating in the insurance and financial services sector.
Read moreThe 5 secrets to handling large claims (With Sarah Howell)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Sarah Howell, Claims Manager at Liberty Specialty Markets, and the topic for discussion is the 5 secrets to handling large claims.
Read moreAsbestos update: "implausible" deniability
The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible.
Read moreThe birth of an MGA (With James Sterling & Charles Boorman)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by two guests, Charles Boorman, CEO and James Sterling, Head of Claims, at Kayzen Specialty a new MGA, and in this episode we discuss the story of how Kayzen was formed.
Read moreRise with RPC: Tips for developing your insurance network
In the aftermath of the "Rise with RPC" event, we're immensely grateful to everyone who joined us, contributing to the dynamic exchange of ideas on "Building your insurance network." Here’s a distilled version of the top tips shared, each designed to be an actionable takeaway to apply in your professional journey.
Read moreOn being the Director General of the ABI (With Hannah Gurga)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Hannah Gurga, Director General of the ABI, and they will be discussing Hannah's role at the ABI.
Read moreFinding joy in your job: insights from FIG's latest panel
On 21 February, RPC's inclusive insurance network, FIG, reconvened for a notable panel discussion, shedding light on the theme of "Finding joy in your job."
Read moreIn the familiar, lies the unseen
We like to look at boilerplate language with fresh eyes and so taking the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 as a jumping off point, we consider the potential tensions, hidden to some extent in plain sight, between anti-assignment and subrogation rights and the take aways for those drafting insurance policy wordings.
Read moreHow should Financial Institutions manage the rise of non-financial misconduct?
Over the last few months, Parliament's Treasury Committee has sought to examine the many barriers faced by women in financial services through the aptly named "Sexism in the City" inquiry.
Read moreSource@RPC - February 2024
The aim of Source@RPC is to provide lawyers, procurement professionals and CIOs/CTOs (amongst others) with a regular update on the legal implications and risks (and how best to manage them) of sourcing and utilising technology and outsourced technology-enabled services, as they affect businesses operating in the insurance and financial services sector.
Read moreA look at kidnap and ransom insurance (with Charlie Hanbury)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Charlie Hanbury, CEO of Samphire MGA, and in this episode they will be discussing all things K&R, that's kidnap and ransom insurance.
Read moreHurricane Otis Acapulco
Acapulco, one of the main tourist destinations in Mexico, suffered extensive damage from Hurricane Otis (category 5) when it struck on Wednesday, 25 October 2023.
Read moreQuid game – fixed costs; pick your battles
Ordinarily, the claims that make the headlines are those that have the highest value or the most significant impact on the public. With the costs landscape ever-changing in civil claims, without careful planning and strategy, even modest claims can end up biting defendants in the longer-term.
Read moreMoral hazard: the dark heart of insurance (With Robert Hartwig)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Robert Hartwig, Associate Professor of Finance at the University of South Carolina. In this episode they discuss the concept of moral hazard in insurance.
Read moreCastle caper condoned? Court of Appeal rules on dishonest condonation and aggregation under solicitors policy in Discovery Land v AXIS
On 15 January 2024 the Court of Appeal handed down judgment in Discovery Land Company LLC and others v Axis Specialty Europe SE [2024] EWCA Civ 7. The case concerns the ability of a solicitors’ insurer to decline cover for a claim on grounds of dishonesty and, in particular, the meaning of “condonation” of dishonesty. It also concerns how the aggregation clause operates in a solicitors’ professional indemnity insurance policy.
Read moreWhat 6 key challenges will insurers face in 2024?
Climate change, Artificial Intelligence and ESG top this year's predictions in latest edition of Annual insurance review from international law firm RPC
Read moreProcedure damages & costs
In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Procedure damages & costs.
Read moreProduct liability
In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Product liability.
Read moreThe insurance of coral reefs (With Sarah Conway)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Sarah Conway who is a Director in WTW’s Disaster Risk, Finance & Parametrics team, leading the Ecosystem Resilience practice. In this episode we discuss insurance of coral reefs and climate finance.
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