United Kingdom

Subscribe to United Kingdom via RSS

In Digital Satellite Warranty Cover Limited v Financial Services Authority [2013] UKSC 7, the Supreme Court unanimously held that extended warranty contracts covering satellite television equipment were contracts of insurance. It was therefore found that Digital Satellite Warranty Cover Limited (the Appellant) was carrying out regulated activities that required FSA authorisation. …
Read More UK: Supreme Court Finds That Extended Warranty Contracts are Contracts of Insurance

In Phoenix Life Assurance Limited v The Financial Services Authority [2013] EWHC 60 (Comm), the High Court upheld the interpretation of the claimant, Phoenix Life Assurance Limited (Phoenix), in respect of a single premium with-profits policy (the Policy). …
Read More UK: The High Court Rules on Interpretation of Single Premium With-Profits Policy

In Zaki & Ors v Credit Suisse (UK) Ltd [2013] EWCA Civ 14, the Court of Appeal upheld the decision of the High Court in finding that Credit Suisse (UK) Ltd (the Respondent) was not liable for financial losses suffered as a result of alleged breaches of its statutory duty. …
Read More UK: Court of Appeal Holds Bank Not Liable for Losses Arising From Alleged Breaches of its Statutory Duty

In International Energy Group Limited v Zurich Insurance Plc UK Branch [2013] EWCA Civ 39, the Court of Appeal overturned the first instance decision of Mr Justice Cooke in the High Court. The Court of Appeal decided that the defendant insurer (the Defendant) must indemnify the claimant insured (the Claimant) in full for the damages paid by the Claimant to an employee who had died of mesothelioma, following exposure to asbestos fibres during his 27 year employment with the Claimant.
Read More UK: Court of Appeal Decides In Favour of Insured in Asbestos Case

In (1) Michael Nulty Deceased (2) Wing Bat Security Limited (3) National Insurance and Guarantee Corporation Limited (NIG) v Milton Keynes Borough Council (the Council) [2013] EWCA Civ 15, professional indemnity insurer NIG unsuccessfully appealed against a decision which saw the actions of its insured, an electrical engineer, described as the most probable cause of a fire in Milton Keynes in 2005. The standard of proof in civil cases in England and Wales is the balance of probabilities. …
Read More UK: Court of Appeal Considers Balance of Probabilities

The Supreme Court has for the first time confirmed the existence of dual vicarious liability in the landmark ruling of The Catholic Child Welfare Society and others v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools and others [2012] UKSC 56. …
Read More UK: Supreme Court Child Abuse Ruling Has Important Implications for Insurance Industry

This is the first in a series of notes explaining a number of fundamental changes to the rules relating to funding of legal proceedings in England presently expected to come into force in April 2013. We will describe in later notes the new opportunities which will become available at that time. …
Read More After the Event Insurance–A Drink at the Last Chance Saloon