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In Latvian Shipping Co v Russian People’s Insurance Co (ROSNO) Open Ended Joint Stock Co [2012] EWHC 1412 (Comm) the Court considered the appeal of an arbitration award on the grounds of serious irregularities within the Tribunal’s findings. …
Read More UK: Commercial Court Upholds Tribunal’s Decision not to Establish Quantum of Damages

We have previously reported on the English and Scottish Law Commissions’ (the Commissions) review of English insurance contract law. The review was launched in 2006 and since then has proposed reforms across diverse areas of insurance contract law. …
Read More UK: The Joint Law Commissions’ June 2012 Consultation on The Business Insured’s Duty of Disclosure and the Law of Warranties

Laurie Kamaiko will be one of the Chairs of the 2nd Annual C5 Forum to be held on October 9th and 10th, 2012 at the Crowne Plaza London-The City Hotel, UK.

C5’s 2nd annual Data Protection, Cyber Risk and Data Protection Insurance forum is a unique event specifically tailored to the insurance industry. …
Read More Cyber Risk and Data Protection Insurance, October 2012 London

The High Court has decided to stay two cases, Barnes v Black Horse Ltd and McIlquham v Black Horse Ltd [2012] EWHC 1950 (QB), in which the claimants allege they were missold PPI products by Black Horse Limited (part of the Lloyds TSB Group). …
Read More UK: Payment Protection Insurance Cases Stayed Pending Supreme Court Decision in Harrison v Black Horse

In Coles & Ors v Hetherton & Ors [2012] EWHC 1599, Mr Justice Cooke handed down judgment on two preliminary questions related to claims under policies of motor insurance. Cooke J held that: (1) where a vehicle has been damaged, the correct measure of damages is the diminution in value, which is taken to be reasonable cost of repairs; and (2) a tortfeasor cannot rely on any arrangements made by a claimant’s insurer in relation to the car’s repairs, and thus cannot argue that it is the actual cost to the insurer that is to be taken as the measure of loss. …
Read More UK: High Court Considers the Measure and Reasonableness of a Claimant’s Loss

In Aizkir Navigation Inc v Al Wathba National Insurance [2011] EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims “be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)” amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause. …
Read More UK: The English High Court Finds No Compelling Reason to Displace a UAE Jurisdiction Clause

On 27 June the Supreme Court handed down its judgment in the case of Summers v Fairclough Homes Limited [2012] UKSC 26, which gives helpful guidance on the exercise of courts’ jurisdiction to strike out statements of case. …
Read More UK: Supreme Court Preserves Courts’ Jurisdiction to Strike Out Exaggerated Claims During Trial

Back in March, the UK Government confirmed that it would change the law on criminal cartels, so that conviction would no longer require proof of dishonesty.  This change could potentially see participation in perfectly lawful and legitimate activities that may involve an element of collective price setting, such as the Lloyd’s subscription market or insurance pools, becoming a criminal offence for the individuals concerned, punishable by up to five years in prison. …
Read More UK: Proposed Changes to Criminal Cartel Offence Creates Risks for Insurance Markets

In European Group Limited and Others v Chartis [2012] EWHC 1245 (QB), Mr Justice Popplewell held that damage to the insured’s property during transportation was proximately caused by an external fortuitous accident or casualty, and therefore there was no room for “inherent vice” to be an additional proximate cause. …
Read More UK: English High Court Interprets “50/50” and “Inherent Vice” Clauses