Recent News

Contradictory High Court decisions on the doctrine of merger

Clark v In Focus Asset Management & Tax Solutions Limited [2012] EWHC 3669 (QB) The claimants had invested the proceeds of sale of a family business in a geared traded endowment plan, after taking advice from the defendant Financial Services Company. It transpired that the advice was negligent and led to the claimants losing over […]
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High Court decision on the consequences of failing to undertake adequate e-disclosure

West African Gas Pipeline Company Limited v. Willbros Global Holdings Inc [2012] EWHC 396 (TCC) The claimant company hired a contractor to carry out construction work on a natural gas pipeline in West Africa. The defendant company had provided a guarantee in relation to the contract. The contract was terminated prior to completion of the […]
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Unfavourable expert reports – Prohibition on ‘Expert shopping’

Edwards-Tubb v JD Wetherspoon [2011] EWCA Civ 136 The claimant suffered an injury as a result of an accident at work, for which the defendant employer admitted liability.
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Keydata Claims

FSCS’s Lifemark action The FSCS has paid out millions to consumers following the collapse of Keydata in June 2009. In the last week it has instructed Herbert Smith to send letters to hundreds of IFAs relating to Lifemark products: the Secure Income Bond 4, Secure Income Plan 1 – 12 and Defined Income Plan 1 […]
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High Court decision on the recovery of “mitigation costs” under Professional Indemnity Insurance Policies

Standard Life Assurance Ltd v ACE European Group [2012] EWHC 104 (Comm) The Claimant owned an investment fund containing a substantial proportion of asset-backed securities. Following the collapse of Lehman Brothers in 2008, the asset-backed securities became increasingly illiquid, making their valuation more and more subjective.
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Claims for compensation under the Riot (Damages) Act 1886

The Riot (Damages) Act 1886 is designed to compensate people and businesses which suffer losses following riots. It also enables insurance companies which have paid out claims under policies to recover the cost of such claims from the relevant police authority in charge at the place of the riots.
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When does time begin to run when an insurer refuses indemnity under a third party liability policy?

William McIlroy Swindon Ltd, Rannoch Investments Ltd v Quinn Insurance Ltd [2011] EWCA Civ 825 Quinn Insurance Limited (“the Insurer”) provided public liability insurance to one of the Claimants’ sub-contractors (“the Policyholder”). The Policyholder was sued by the Claimants in relation to a fire which occurred in 2006, and the Insurer refused indemnity under the […]
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High Court decision on solicitors’ undertakings

Halliwells LLP v NES Solicitors and Quinn Insurance [2011] EWHC 947 NES was approached by a new, apparently wealthy, client and asked to provide an undertaking to pay Halliwells £1.5 million as part of a share purchase agreement. The client provided a “gold delivery certificate” purported to be worth £10 million. The partners of NES, […]
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Court of Appeal decision on CFA success fees

Sousa v London Borough of Waltham Forest [2010] EWCA Civ 194 The Claimant suffered subsidence damage to his property caused by the roots of a tree which was owned by the Defendant. The Claimant claimed on his house insurance policy for the damage, and his insurer provided him with a full indemnity. The insurer then […]
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