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What’s next for PFAS litigation?

Published on 26 Jun 2023. By Lucy Dyson , Partner

RPC’s Lucy Dyson explores how growing public awareness of PFAS and the associated health and environmental concerns has seen a rise in litigation in the US that parallels asbestos as a toxic tort, with claims over chemical contamination in Europe also on the rise.

Covered: Insurance regulation – Asia edition

Published on 16 Jun 2023. By Andrew Carpenter, Partner and Heidi Ng, Associate

Covered: Insurance regulation – Asia edition

Crypto: issues for solicitors and their PI insurers

Published on 31 May 2023. By Simy Khanna, Partner and Harriet Keltie, Senior Associate

We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.

How a Supreme Court ruling could cause surge in claims against directors

Published on 22 May 2023. By Ben Gold, Partner

Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency.

Consumer duty and claims handling – beware of sludge practices

Published on 10 May 2023. By Jonathan Charwat, Partner

The Consumer Duty is a new regulatory framework developed by the Financial Conduct Authority (FCA) aimed at creating a higher standard of consumer protection in the retail markets. The FCA expects the Consumer Duty to be a significant shift for the market in terms of its expectations on firms and in this blog we consider this shift in the context of insurance claims handling.

Beware unexploded bombs, proximate causes and …. the unintended consequences of adding clarity

Published on 02 May 2023. By Tamsin Hyland, Partner and Laura Sponti, Associate

It is not that often that the standard UK market War Exclusion, language which for decades has sat materially unchanged, is the basis of a declinature by insurers. The recent case of Allianz Insurance plc v University of Exeter is therefore particularly interesting as the Court was asked to interpret this language and decide whether BI losses arising from the controlled detonation of a WWII bomb, discovered on nearby property were excluded from cover

The Month That Was – April 2023 – Pension drawdowns – the next FCA big concern?

Published on 12 Apr 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

The Month That Was – March 2023 – the FCA's consumer duty of care – a new chapter for regulation?

Published on 31 Mar 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner and Jessica Pease, Associate

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

The English courts are emerging as a "hotspot" for environmental and ESG-related claims

Published on 14 Mar 2023. By Lucy Dyson , Partner

Insurers can expect to continue to see an uptick in environmental and mass tort group litigation in the English courts and elsewhere in Europe, against the backdrop of climate change-related, plastics and other environmental risks

Less is not always more in the context of commercial insurance clauses

Published on 20 Feb 2023. By Laura Sponti, Associate and Tamsin Hyland, Partner

The recent Court of Appeal judgment in Al Mana Lifestyle Trading LLC v United Fidelity Insurance Co PSC [2023] EWCA Civ 6 is a quick read on a relatively short point and serves as a useful recitation of the rules of interpretation in the context of insurance policy wordings.

Annual Insurance Review 2023

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.

What are the 8 key concerns insurers will face in 2023?

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.

It's a Wonderful Life, Insurance

Published on 20 Dec 2022. By Peter Mansfield, Partner

A swollen river rages through the town of Bedford Falls. It is Christmas Eve and, looking down upon the torrent, shivering on a bridge, is a woman, distraught and wounded by life's cruelties. She prepares to step over the railing. Her name is Insurance.

A look at The London Market Group (With Caroline Wagstaff)

Published on 08 Dec 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Caroline Wagstaff CEO of the London Market Group, which is the topic they will be discussing.

A-Z of Insurance

Published on 26 Oct 2022. By Peter Mansfield, Partner

Insurance plays a role in almost every aspect of life. For most, it is simply a policy that protects their car and home, but there is so much more to it than that. Peter Mansfield takes us on a whistlestop tour through insurance history as he gives us his A-Z of insurance.

Are pension fund trustees at risk of legal action following UK gilts’ meltdown?

Published on 07 Oct 2022. By Rachael Healey, Partner

Are pension fund trustees conducting liability-driven investing at risk of legal action following the volatility in the UK gilt market?

Treating customers fairly

Published on 13 Apr 2021.

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we are joined by James Daley, founder of Fairer Finance, and we will be discussing the concept of treating customers fairly.

Recruitment in the insurance industry

Published on 22 Dec 2020.

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is Paul Miller, Senior Consultant at HFG Insurance Recruitment, and our topic for discussion will be recruitment in the insurance industry.

Tax incentives for HK Insurance market

Published on 24 Jul 2020. By Andrew Carpenter, Partner

First proposed in December last year, the Hong Kong Legislative Council has now passed a measure that will reduce profits tax on several insurance businesses.

Building on renewable energy

Published on 03 Feb 2020.

2019 was potentially a significant year for the renewable energy industry. Record temperatures and environmental catastrophes highlighted the need to reduce carbon emissions and make greater use of sources of renewable energy, and political parties championing green policies saw – for the most part – their share of the vote increase both domestically and internationally.

Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 Oct 2019. By Nick Bird, Partner and Laura Stocks, Partner

The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

General liability newsletter - August 2019

Published on 05 Aug 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter April 2019

Published on 30 Apr 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter February 2019

Published on 11 Feb 2019.

The latest general liability news coming out of the courts.

Product liability update November 2018

Published on 30 Nov 2018.

A round-up of product liability news and stories making the headlines.

General liability newsletter November 2018

Published on 01 Nov 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter July 2018

Published on 09 Aug 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter April 2018

Published on 30 Apr 2018. By Gavin Reese, Partner, Head of Regulatory

Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

General liability update October 2017

Published on 17 Oct 2017. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

“Last man standing”

Published on 14 Jul 2017. By Alan Stone, Partner

What duties does a monitoring surveyor owe to a lending bank?

Health and safety law update, June 2017

Published on 09 Jun 2017.

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 Mar 2017. By Robert Morris, Partner

In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

Solicitors duty to warn - when does it arise?

Published on 01 Mar 2017.

The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

General Liability update, January 2017

Published on 18 Jan 2017. By Gavin Reese, Partner, Head of Regulatory

In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

A new and better approach to claims against financial advisers?

Published on 03 Oct 2016. By Robert Morris, Partner

A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

Product Liability Update August 2016

Published on 04 Aug 2016.

In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

Winning the battle but losing the war

Published on 22 Jul 2016.

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

Published on 06 Jul 2016.

The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

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Hong Kong Courts – In with the old and the new technology

Published on 15 Apr 2020. By Antony Sassi, Managing Partner, Asia and Jonathan Crompton, Partner and David Smyth, Senior Consultant

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.