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In Brent LBC and others (Harrow LBC) v Risk Management Partners Limited [2011] UKSC 7, the Supreme Court unanimously held that a local authority was entitled to enter into contracts of insurance with a mutual insurer without first putting those contracts out to tender in accordance with the Public Contracts Regulations 2006 (the Regulations). For the full facts of this dispute, please read our earlier blogs “here” and “here“. …
Read More UK: Exemption Takes Mutual Insurance Arrangements Outside the Public Contracts Regulations 2006

EAPD is sponsoring today’s ARC Congress in London. EAPD partner, Mark Everiss, who is a Director of ARC, has just chaired an interesting discussion on UK Asbestos/EL Trigger Issues/ ELTO by a prestigious panel of experts – EAPD partner Richard Hopley, Professor Duncan Geddes of Royal Brompton Hospital, Ian Willett of MMI, Colin Wynter QC of Devereux Chambers and Helen Hatchek of RSA. …
Read More ARC Congress, London, 23 February 2011

In the recent case of Haugesund Kommune, Narvik Kommune v Depfa ACS Bank, Wikborg Rein & Co [2011] EWCA Civ 33, the Court of Appeal overturned the first instance judgment against a firm of solicitors for breach of its contractual duty of care, holding that the negligent advice given by the solicitors had to be the direct cause of loss which, in turn, had to be within the scope of the solicitors’ duty. …
Read More UK: Court of Appeal Decision is Good News for Solicitors’ PI Insurers

In the recent case of Teal Assurance Company Ltd v (1) WR Berkley Insurance (Europe) Ltd (2) Aspen Insurance UK Ltd (2011) EWHC 91 (Comm), the Commercial Court considered the order in which losses eroded liability in a complex professional indemnity tower. …
Read More UK: Commercial Court Considers when Liability is Triggered in a Complex P.I. Tower

In Global Process Systems Inc v Syarikat Takaful Malaysia Berhad [2011] UKSC 5, the Supreme Court unanimously upheld the Court of Appeal’s decision (previously reported here) that the appellant insurer was not entitled to rely on an exclusion for inherent vice contained within the contract as the proximate cause of the loss in question was a “peril of the sea”, not the nature of the subject matter insured. …
Read More UK: Supreme Court confirms narrow scope of inherent vice exclusions

In Jubilee Motor Policies (Lloyd’s Syndicate 1231) v Volvo Truck & Bus (Southern) Ltd & Anor [2010] EWHC 3641 (QB) the High Court was asked to strike out a claim brought by the claimant insurer, Jubilee, for a contribution under the Civil Liability (Contribution) Act 1978 (the Act). …
Read More UK: English High Court Confirms Narrow Construction of “same damage” under the Civil Liability (Contribution) Act 1978

In a “Dear CEO” letter dated 8 February 2011, Hector Sants announced that the FSA would adopt a new management structure on 4 April 2011, designed to reflect the “twin peaks” regulatory structure which the UK government intends to implement in 2013 (click here to see our most recent post on this subject). …
Read More UK’s FSA will reorganise business units on 4 April 2011

We previously reported on the judgment in the case of Masefield AG v Amlin Corporate Member Ltd [2010] EWHC 280 (Comm), [click here for our previous blog], concerning the interpretation of actual and constructive total loss under the Marine Insurance Act 1906 (the Act). …
Read More UK: Payment of Pirate Ransom Defeats Insured’s Claim for Actual Total Loss

On Monday 31 January, the Ministry of Justice confirmed reports that the implementation of the Bribery Act (the Act), due to take place in April, would be delayed. The delay follows protests and speculation from business leaders alleging that the provisions of the Act could dampen economic growth in the wake of recession, and jeopardise the UK economy further. …
Read More UK: Ministry of Justice Orders Delay to Bribery Act

An interim consultation paper was launched this month by the London Market Group (LMG) as part of its Future Processing Model project.  The idea behind both the project and consultation is the ongoing modernisation of the processes used by the London market, in order to make it more efficient and competitive.  The consultation paper looks beyond current modernisation initiatives to potential development over the next 10 years. …
Read More UK: London Market Group Interim Consultation Paper Issued