On 9 May 2011, the British Bankers Association (BBA) announced that it would not be appealing the High Court judgment that decided the Financial Service Authority’s complaints handling rules relating to the mis-selling of payment protection insurance (PPI) were lawful.
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United Kingdom
UK: Scottish Inner House Finds Pleural Plaques Act Legal
By Troutman Pepper Locke on
As previously reported here, employers’ liability insurers have sought to challenge the legality of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (the Act) which permits those suffering with pleural plaques to claim compensation in Scotland. …
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UK: High Court Sides With FSA in Judicial Review Regarding Payment Protection Insurance
By Troutman Pepper Locke on
Posted in Payment Protection Insurance, United Kingdom
In a judgment handed down on 20 April 2011, the High Court dismissed a judicial review application made by the British Bankers Association (BBA) against complaints handling rules relating to the mis-selling of payment protection insurance (PPI). Please click here to view a copy of the judgment. …
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EU: Industry Joint Letter Reacts to Solvency II Proposals With Concern
By Troutman Pepper Locke on
In an open letter to European Commissioner Michel Barnier dated 29 March 2011, leading organisations within the European insurance and reinsurance industry have expressed concern with the development of the Solvency II process. …
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UK: ABI Extends Moratorium on Use of Predictive Genetic Test Results
By Troutman Pepper Locke on
Posted in United Kingdom
The Association of British Insurers has announced that it has agreed with the UK government that the moratorium on insurers using predictive genetic test results for any type of insurance other than life insurance over £500,000 be extended to 2017. …
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UK: Association of British Insurers Tentatively Backs Current HM Treasury Proposals for Simple Payment Protection Insurance Products
By Troutman Pepper Locke on
Posted in Payment Protection Insurance, United Kingdom
In a consultation launched on 14 December 2010, HM Treasury outlined proposals for the development of “Simple Financial Products”(click here for a copy of the consultation), in particular payment protection insurance (PPI) products. …
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UK: Brokers’ Duties – Tripped Up by Heaters at Camden Market
By Troutman Pepper Locke on
Posted in United Kingdom
Brokers may be found liable for an assured’s losses if they fail to pass on concerns raised by the insurer to their clients, according to a recent Commercial Court case. …
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UK: Supreme Court Holds that Expert Witnesses are no Longer Immune from Civil Suit
By Troutman Pepper Locke on
Posted in United Kingdom
By a majority decision (5-2) the UK Supreme Court in Jones v Kaney [2011] UK SC 13, in a leapfrog appeal from a first instance decision, has held that there is no longer any justification for the immunity of expert witnesses from civil suit for breach of duty in relation to their involvement in litigation. …
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Blog: Waiver of Privilege
By Troutman Pepper Locke on
Posted in United Kingdom
In another episode in the Scottish Lion saga the Inner House of the Court of Session (the Scottish Court of Appeal) has confirmed the first instance decision, on a preliminary point, that where a document which might be the subject of privilege is disclosed for a particular purpose, the privilege will be deemed to have been waived in relation to closely related purposes. …
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UK: High Court Decides that Wreckage Dispute must stay in England
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
The case of Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas S.A. [2011] EWHC 589 (Admlty) concerned whether the agreement between the claimant’s insured and the defendant was subject to a set of standard terms which incorporated an English arbitration clause. …
Read More UK: High Court Decides that Wreckage Dispute must stay in England