Home > Legal Opinions tagged Claims

  • broker negligent for yacht valuation error

    Melanie Chisnall

    The claimant had taken out insurance for a yacht valued at £13 million which was renewed annually. Four years later the broker instructed a sub-broker and £13M was submitted on the proposal form without consulting with the claimant. When the yacht was damaged, the insurer declined to pay £13M as there was evidence to show […]

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  • claims company blamed for fake claim

    Paul Wainwright

    “Young, stupid, vulnerable and naïve” – words often associated with innocents drawn into the world of insurance fraud, and seduced by the prospect of easy money were heard before HH J Godsmark when sentencing Amy Laban to two months for her fake claim following an RTA in Birmingham. Laban a model and former Birmingham City […]

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  • the cost of court closures

    George Denton

    Justice Secretary Michael Gove has compiled a list of 91 courts across England and Wales which are deemed surplus to requirements. This includes 57 magistrate courts, 19 county courts, 2 crown courts, 4 tribunal hearing centres and 9 combined courts. Government consultation is in progress and will run until 8 October 2015. The North East […]

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  • Chancellor takes insurers by surprise with tax hike

    James Arrowsmith

    In surprise move in a budget aimed at a ‘high wage low tax’ economy, the Chancellor has announced an increase in IPT to 9.5%. The change which is due to be introduced by November risks undermining the work undertaken between industry and government to reduce the cost of insurance. Steve White of BIBA has described […]

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  • failure to comply with unless order proves costly for liquidators

    Chloe Poskitt

    The case of Atrium Training Services concerned a claim brought by the liquidators against a former director and company secretary for c£50m in unpaid tax and national insurance. The liquidators failed to comply with orders for disclosure and an unless order was made. The liquidators then served a list of documents but many of the […]

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  • accidents at sea and the Contribution Act

    Angela Williams

    Further to the legal opinion posted in March 2014, the appeal will come before the Court of Appeal on 9 & 10 June. Presently, the Mercantile Court’s judgment stands that article 16 of the Athens Convention is a prescriptive rather than a procedural bar. The court’s judgment is eagerly awaited because the draftsmen of the […]

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  • FCA thematic review published – delegated authority

    James Gibbons

    The FCA has published its report following its thematic review into the use, oversight and governance of delegated authority in the insurance industry. The results should cause insurers, MGAs and TPAs to carefully consider the framework within which underwriting and claims authority is delegated. In its report, the FCA highlights numerous concerns, including that some […]

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  • litigation - should you try to score points at every opportunity?

    Melanie Chisnall

    What will happen if a solicitor seeks to exploit a minor breach of the CPR where the overall litigation is not affected by the breach? In Viridor Waste Management Ltd v Veolia Es Ltd [2015] unreported, the particulars of claim were served on the defendant one day late. The defendant refused to consent to an […]

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  • FCA thematic review – SME claims handling

    Jonathan Newbold

    The FCA has published a thematic review into the handling of insurance claims for Small and Medium sized Enterprises. The FCA’s findings do not make happy reading for the SME insurance market. The FCA conducted interviews and audits of insurers, intermediaries (including MGAs) and loss assessors. It has concluded that: SMEs perception is that the […]

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  • cunning use of surveillance allowed in Part 36 costs sanctions

    Paul Wainwright

    Surveillance costs can be claimed even if not specifically allowed in costs budgets. Such was the view of HHJ Moloney QC in expressing a dissenting opinion to the notes in the White Book when ordering a dishonest claimant to pay costs on an indemnity basis in the matter of Purser v Hibbs & Anr (2015)QBD. […]

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  • the Financial Ombudsman Service annual report – claims trends and ...

    James Gibbons

    The FOS annual report provides some interesting insights into the complaints it received last year. Significantly, complaints about insurance (other than PPI) have remained almost identical to the levels over the past two years, although there has been an increase in the number of complaints about motor, buildings and travel insurance. Indeed, travel insurance receives […]

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  • get your evidence in order…

    Nichola Evans

    Cases on relief from sanctions are like buses – you wait ages for one and then two come at once. Following on from Waterman Transport Services Limited v Torchwood Properties Limited, the courts have now looked at whether a party could rely on a new witness statement served six months after the date for exchange […]

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  • is the end nigh for illegality?

    Jake Potter

    An interesting case is Delaney –v- Secretary of State for Transport [2015]. The case was brought under the uninsured drivers scheme. There was previously a clause in the agreement that recovery under the scheme where a claimant was in the course of a crime was not permitted. It was held by the High Court that […]

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  • court fees increase dramatically from 9 March 2015

    Mark Nichols

    The Ministry of Justice’s significant increase in court fees came into force on 9 March 2015. Fees for both specified and unspecified money claims of £10,000 or more are affected. Court fees for claims of £10,000 or more are now 5% of the value of the claim, capped at £10,000. This is an increase of […]

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  • court delivers blow to credit hire companies

    Jamie Whaling

    The Court of Appeal has handed down a significant judgment in a test case on basic hire rate evidence. The decision which is set to clarify the view adopted by lower courts is likely to be seen as a decisive, if not quite fatal, blow to credit hire organisations. A pecunious claimant can no longer […]

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  • insurance reform – now a reality

    James Gibbons

    For a bill that reforms law that has remained in situ for over 100 years, the Lords and the Commons have made short work of passing the Insurance Bill through Parliament. Whether this is as a result of the Law Commissions’ careful prior consideration or this current government’s tenure nearly being over, the Bill has […]

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  • declaratory relief granted

    Melanie Chisnall

    In the case of Western Trading Ltd v Great Lakes Reinsurance (UK) Plc the claimant (W) sought an indemnity from their insurer following a fire. W was a management company which ran a portfolio of properties for a developer (S). The property which was the subject of the claim was comprised of two buildings, one […]

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  • privatisation of child protection – who pays the final bill?

    Laura Broadhead

    With further steps being taken towards the privatisation of child protection services, we must be ever alert to the impact this will have upon future claims in relation to the care provided. Whilst the local authority may outsource child protection work to companies such as G4S and Serco, there remains a non-delegable duty owed by […]

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  • "noted, with thanks” - the perils of negotiating settlement agreem...

    Laura Mackenzie-Mitchell

    A recent decision stresses the importance of expressly stating when a settlement offer is intended to be ‘subject to contract’ (ie not binding until a formal written agreement has been executed). In Bieber and others v Teathers Limited (in liquidation) the claimants accepted – via email – a settlement offer relating solely to the sum […]

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  • local authority fraud champions take lead on countywide initiative

    Paul Wainwright

    The announcement that Leicester City Council will lead on a countywide counter fraud initiative is good news. The ten linked councils will benefit through a co-ordinated approach to tracking and tracing of fraudulent activity. This is an example of the wider strategy of local government which seeks to take a tougher stance on fraud and […]

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