Last month the High Court in Denning v Greenhalgh Financial Services Ltd [2017] EWHC 143 (QB) considered the scope of the duty of care owed by a professional to its client. In striking out the claim against a pensions advisor the Court provided a useful reminder of the “signal importance” of the retainer and the limited circumstances in which the Court might be willing to extend a professional’s duty beyond those terms.  

In Versloot Dredging BV & anor v HDI Gerling Industrie Versicherung AG & ors [2016] UKSC 45 the Supreme Court considered whether the use of ‘fraudulent devices’ (or ‘collateral lies’ to use the Court’s preferred terminology) should operate to forfeit an otherwise perfectly legitimate claim under an insurance policy.  The Supreme Court found by majority (Lord Mance dissenting) that it should not.

In the recent case of DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors [2016] EWHC 1614 (Ch) the High Court confirmed that making an offer under Part 36 of the Civil Procedure Rules has the effect of rejecting an earlier common law offer, meaning it is no longer capable of acceptance.

The long delayed Third Parties (Rights Against Insurers) Act 2010 came into force from the beginning of August 2016 with the intention of making it quicker, easier and more certain for Claimants seeking recovery from the liability insurers of insolvent policyholders who have caused them loss.

The pilot scheme for adjudication in professional negligence claims, first introduced in February 2015, has recently been relaunched.  For parties to professional negligence disputes, the scheme is an alternative to Court for the resolution of the claim, or particular issues within it.

In two recent cases, the Court of Appeal has considered the law regarding the enforceability of contractual clauses that purport to restrict the way in which the contract can be varied. These types of clauses are common, and often require any variation to be made in writing. There had previously been mixed decisions from the Court on the issue and we now have a useful analysis and clarity on previously inconsistent judicial approaches.

The Insurance Act 2015 heralds the long-awaited reform of insurance contract law.  It represents a number of significant changes to the rights and remedies of insurers and policyholders and impact on the role and duties of commercial brokers.  In this article we consider changes to the Insured’s disclosure obligations at a pre-contract stage.

The Insurance Act 2015 heralds the long-awaited reform of insurance contract law.  It represents a number of significant changes to the rights and remedies of insurers and policyholders and impact on the role and duties of commercial brokers.  In this article we consider changes to the remedies available to insurers in circumstances where it contends that the insured has breached its duty of fair presentation.

The Insurance Act 2015 heralds the long-awaited reform of insurance contract law.  It represents a number of significant changes to the rights and remedies of insurers and policyholders and impact on the role and duties of commercial brokers.  In this article we consider changes to warranties and other conditions of the insurance contract.