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Die Hard and the importance of insurance
Insurance is at the heart of modern life; and what better way to remind ourselves of this fact, at this festive time of year, than to consider the film Die Hard and all its many insurance claims.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreProduct Law bulletin – August 2020
Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.
Read moreD&O – the irrelevance of the Corporate Insolvency and Governance Act
The Corporate Insolvency and Governance Act ("the Act") came into expedited effect on 26 June 2020 and is intended to maximise the chance of corporate survival and reduce the threat of personal liability on directors during this unprecedented economic crisis.
Read moreTax incentives for HK Insurance market
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.
Read morePractical issues resulting from the impact of lockdown restrictions on BI/DSU losses
There has been much discussion about the general impact of COVID-19 on the insurance sector. In this note we highlight some practical issues (re)insurers are facing following the imposition of lockdown restrictions implemented by governments on existing or new BI/DSU losses where there is covered PD that is unconnected with COVID-19.
Read moreInternational risk team: Mediating in a time of social distancing
The new, and arguably more relaxed, government guidance notwithstanding, it seems inevitable that the COVID-19 crisis will leave people more cautious about face-to-face meetings. Nonetheless, disputes will continue, and so must efforts to resolve them.
Read moreNo room for error – The decision in Mahoney v Royal Mail
In a decision reported by Crown Office Chambers, the claim of Mahoney v Royal Mail had been proceeding through the online claims portal uneventfully and in the usual manner. Liability had been admitted by the Defendant at stage 1 and the parties had been negotiating settlement at stage 2.
Read moreProduct Law bulletin – June 2020
Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.
Read moreInternational risk team: The potential and perils of offshore wind
A recent report by the IEA(1) has laid bare the impact of the COVID-19 pandemic on the energy industry. Demand for coal and oil plummeted as entire countries and industries went into lockdown in the first quarter of 2020. Renewable energy, however, bucked the trend and actually saw demand increase, primarily due to larger installed capacity and priority dispatch.
Read moreInternational risk team: To repair or not to repair
A universal truth for businesses in the grip of the current global pandemic is that “Cash is King”.
Read moreCOVID-19: Trials - the show must go on
Judges are taking to heart the HMCTS's guidance focused on encouraging judges to maximise the use of video and telephone hearings using current technology. So, while the theatres in the UK remain closed, the theatres of justice continue with their activities.
Read moreTax breaks to promote insurance sector
On 30 March 2020 the Financial Services Development Council (FSDC) published its paper “Insuring Hong Kong’s Future –Tax Recommendations to Enhance and Grow Hong Kong’s Insurance Industry”. This is a further step taken by the FSDC to enhance the competitiveness of the Hong Kong insurance market as a key global risk management centre and regional insurance hub. The several proposed tax measures would extend to both (re)insurance companies, brokers and individual policyholders.
Read moreBuilding on renewable energy #2 - Wind power
Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.
Read moreProduct Law update - Feb 2020
Welcome to the latest edition of our product law update, this month we focus on product regulation post Brexit, the relationship between the limitation longstop and the Consumer Protection Act 1987 and product recalls of electrical goods across the UK.
Read moreBuilding on renewable energy #1 - Solar power
Solar power is produced by the absorbing of the sun's rays by solar panels. The photovoltaic (pv) cells contained within the panels convert sunlight into electricity, which (after conversion into an alternating current) can then be exported to the grid or used to power the sites on which the panels are situated. This all sounds simple enough, but solar pv arrays can present some challenges from a design and construct perspective.
Read moreBuilding on renewable energy
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.
Read moreThe risks of peer to peer lending
Insurers are on the watch for a potential increase in claims arising in 2020 from peer to peer lending.
Read moreHong Kong insurance regulation update - Regulator Codes of Conduct for Brokers and Agents
With effect from 23 September 2019, the independent Hong Kong Insurance Authority (the IA) will take over regulation of insurance intermediaries from the three existing self-regulatory organisations (the Hong Kong Confederation of Insurance Brokers, the Professional Insurance Brokers Association, and Insurance Agents Registration Board) and administer a new statutory licensing regime.
Read moreHigh Court rejects Part VII transfer - Prudential and Rothesay Life
High Court rejects Part VII transfer in Prudential and Rothesay Life case which had been approved by the regulators and blessed by the independent expert.
Read moreHow the “30 days period” to pay a claim in Latin America works in practice
Everyone dealing with Latin American claims will become familiar with the short deadlines imposed in these jurisdictions for paying a claim. However, how those deadlines are applied in practice can be a complex matter to work out.
Read moreLatin America insights - Ecuador
Ecuadorian (re)insurance claims have formed a part of RPC’s Latin American practice for some years.
Read moreThe Latin American challenge – a London market perspective
If the London market wants to maintain its leadership in the region, London reinsurers need to look at ways to improve direct communication with local players.
Read moreKey legal pitfalls of starting up: Protect your confidential information
Good commercial practice and robust contractual agreements are essential to safeguard confidential information.
Read moreKey legal pitfalls of starting up: Agreeing the deal with your co-founders
RPC advice on agreeing the deal with your start-up co-founders, including a list of key considerations, which can prevent expensive disagreements in the future.
Read moreKey legal pitfalls of starting up
Introduction to the RPC blog series 'key legal pitfalls of starting up' – a guide for Insurtech start-ups. Contains top-tips on legal issues.
Read moreCrypto damages quantification: valuation at the date of breach or date of judgment?
In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.
Read moreNew digital markets regime guidance published for consultation
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
Read moreThe Digital Markets, Competition and Consumers Act – the Competition Perspective
This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.
Read moreSummary judgment against persons unknown – a tale of two crypto judgments
Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.
Read moreSupreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.
Read moreMerchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps
In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court
Read moreBT case may shape UK class action landscape
In January, the trial in Justin Le Patourel v. BT Group PLC[1] commenced in the U.K. Competition Appeal Tribunal, or CAT. The trial is scheduled to be heard over eight weeks.
Read moreCollective proceedings - robust approach to determining carriage prior to certification (Hunter v Amazon.com)
In a recent decision, the CAT has given guidance on how carriage disputes between competing proposed class representatives (PCRs) will be addressed in future.
Read moreNot the last word: High Court holds that ICSID Convention does not effect automatic waiver of immunity
The decision in Border Timbers Ltd v. Republic of Zimbabwe [2024] EWHC (Comm) [2024] EWHC 58 (Comm) considers state immunity under English law in the context of enforcement of ICSID arbitral awards.
Read moreMenopause discrimination: Where are we now?
October heralded an important legal first when a Leicester employment tribunal began hearing the case of Rooney v Leicester City Council. It is the first case where a person's menopausal symptoms have been deemed by an appeal court to potentially amount to a disability for the purposes of the Equality Act 2010.
Read moreComing to a bank near you? How "investment AI" could transform financial mis-selling claims
Living under a rock is probably the only way anyone might have escaped the media attention given to ChatGPT and generative AI in recent months. Beyond the (considerable) hype, this technology could have a profound impact on financial mis-selling claims where financial institutions and fund managers turn to the new technology to help them select investments and products.
Read moreComing to a bank near you? How "investment AI" could transform financial mis-selling claims
Living under a rock is probably the only way anyone might have escaped the media attention given to ChatGPT and generative AI in recent months. Beyond the (considerable) hype, this technology could have a profound impact on financial mis-selling claims where financial institutions and fund managers turn to the new technology to help them select investments and products.
Read moreUK tech cases warn of liability clause drafting pitfalls
Excluding and limiting liability is a vital part of any commercial contract. The irony, though, is that despite its importance, almost any exclusion or limitation of liability — if pored over to the nth degree — will have some ambiguity in the face of complex and often unforeseen consequences of breach.
Read moreA tool that French law does not like: English Court refuses to grant anti-suit injunction in support of French-seated ICC arbitration
The English Court has refused to grant an anti-suit injunction (ASI) in support of an ICC arbitration seated in France.
Read moreAdjusting your recruitment process for a candidate with a disability: What is reasonable?
The Employment Appeal Tribunal (EAT) has held that a failure to make enquiries into a job applicant's disability amounted to a failure to make reasonable adjustments.
Read moreFraud not "some kind of open sesame" in Privy Council appeal to set aside judgment
An appellant was unsuccessful in his bid to set aside judgment on the basis of fraud as the Board of the Privy Counsel dismissed his claim as an abuse of process (1). The appellant had failed to show "fresh evidence" of fraud as he already had all of the information he was relying on to allege fraud at the time he entered into a final settlement agreement, and had not offered an explanation of why he had not deployed this information whilst the original dispute was live.
Read moreCaught out by APP fraud? Here's the 101 of what can be done
Dan Wyatt, partner at RPC, takes a look at the best strategy for APP fraud victims and their recovery options.
Read moreHigh Court sets aside disclosure orders against Australian banks in 'lukewarm' pursuit case
In Scenna v Persons unknown using the identity ‘Nancy Chen’[2023] EWHC 799 (Ch), the High Court set aside disclosure orders made against two Australian banks which had previously been granted at an urgent hearing without notice.
Read moreCourt of Appeal: strength of a case not a relevant factor for late amendments to statements of case
The Court of Appeal has clarified that once a court has determined that amendments to a statement of case have a real prospect of success, the perceived strength of the case should not be a consideration when determining an application for permission to amend (CNM Estates (Tolworth Tower) Limited v Carvill-Biggs and another). ([2023] EWCA Civ 480)
Read moreDelay at your peril: High Court holds that two week delay causes party to lose right to object to irregularity in arbitration
In Radisson Hotels v Hayat Otel, (1). the High Court found that the claimant ("Radisson") had lost its right to challenge an arbitration award (the "Award") by continuing to take part in the proceedings for a period of two weeks after becoming aware of improper conduct by one of the arbitrators (the "Arbitrator"). The court also rejected Radisson's subsequent application seeking to redact the identities of the parties and any details which might identify them in the judgment, in order to preserve the confidentiality of the underlying arbitration (2). While the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice.
Read moreBest of both worlds with PD57AC? High Court allows opinion evidence in factual witness statement
The High Court has allowed the witness statement of a factual witness even though the claimant had previously intended to instruct him as an expert and his statement contained opinion evidence (Polypipe Limited v Peter Russell Davidson) ([2023] EWHC 1691 (Comm). The judge confirmed that such evidence is admissible where the witness is suitably qualified, but it will not be accorded the same weight as a formal expert report. Separately, this appears to be the first reported case in which the court accepted that permission for an extension to the deadline for expert reports could be made conditional on disclosure of any unserved report(s), though the court declined to prescribe that condition in this case.
Read moreClear failure required: High Court refuses directions under s 18 of the Arbitration Act 1996 where procedure for appointing arbitrator had not failed
The recent judgment of the English High Court in Global Aerospares Limited v Airest AS [2023] EWHC 1430 (Comm) demonstrates that the court will not issue directions under section 18 of the Arbitration Act 1996 (AA 1996), until it is satisfied that the procedure for appointing an arbitrator has indeed failed. The court dismissed a claim for directions under section 18 which is described as a "gateway provision", providing a way of getting an arbitration started or preventing its abortion where there is a failure in the parties' agreed appointment process. It gives the court powers as to the arbitrator appointments, including the power "to give directions as to the making of any necessary appointments" and "to direct that the tribunal shall be constituted by such appointments … as have been made".
Read moreConfidentiality of arbitration proceedings may not always be protected - The Republic of India v Deutsche Telkom AG [2023] SGCA(I) 4
In general, arbitration proceedings are confidential. Arbitration-related cases which end up in the courts often are reported only after the names of parties have been anonymised, and it is quite common for a sealing order to be issued on the court file, so as to preserve the confidential nature of the arbitration.
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