Home > Legal Opinions tagged Claims

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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. […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • "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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • non-compliance to hit claims management companies in their pockets

    Christian Lowden

    On 29 December 2014 the Compensation (Claims Management Services) (Amendment) Regulations 2014 will come into force, allowing the Claims Management Regulator (CMR) to fine claims management companies (CMCs) who breach their authorisation. Rules introduced in October set the standards expected of CMCs across advertising and marketing; running a business; taking on business and representing clients. […]

    Read our legal opinion.

  • no appeal in holiday pay cases

    Gemma Steele

    As we reported earlier this month, the EAT confirmed that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime. The slightly more surprising element of the judgment was that claims for back pay would be out of time if there has been a break of more than three months between successive […]

    Read our legal opinion.

  • removal of the right of compensation for minor RTA claims

    James Arrowsmith

    Proposed amendments to the Social Action Responsibility and Heroism (SARAH) bill aimed at curbing the payment of damages in relation to low value injury claims show that the debate on the cost of whiplash is far from over. Amendments which would have allowed insurers to provide rehabilitation treatment rather than damages in relation to the […]

    Read our legal opinion.

  • further rules on fixed cost medical reports

    James Arrowsmith

    The latest draft rules intended to reform soft tissue injury claims give further clarity on how Claims and Underwriting Exchange (CUE) search facilities and expert accreditation will be incorporated before the expected implementation in April 2015. Claimant representatives will be required to undertake searches via AskCUEPI and input a unique reference into the CNF to […]

    Read our legal opinion.

Archives

  • 2015 (158)
  • 2014 (299)
  • 2013 (374)
  • 2012 (469)
  • 2011 (421)
  • 2010 (226)
  • 2009 (32)

Sectors

Opinions tagged as...

DfE academies Intellectual Property Public Sector free schools litigation employment Nichola Evans Hayley Roberts Mark Blois government Sarah Erwin-Jones Data Protection Gemma Steele teachers Dai Durbridge adult safeguarding Brands Richard Freeth Laura Richards Department for Education Ofsted copyright Court of Appeal NHS Browne Jacobson Richard Nicholas trade marks child protection insurance advertising Fiona Carter personal injury Claims Browne Jacobson LLP local authorities James Arrowsmith education Social Care schools