Jurisdiction: United Kingdom

UK: Law Commissions Publish Further Draft of the Insurance Contracts Bill

We previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law and the draft Insurance Contracts Bill (the Bill) published in May 2014 (see our blog here). The Commissions have published a further draft of the Bill and draft Explanatory Notes which will accompany the Bill if and when the Bill is enacted (to view the Bill click here and to view the draft Explanatory Notes click here). 

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UK: JK Buckenham Ltd Scheme of Arrangement

Edwards Wildman have been instructed to act for J.K. Buckenham Limited (the Company) in relation to a scheme of arrangement which is the first of its kind (the Scheme). Under the Scheme, the Company will ask scheme creditors to give up their contractual rights against the Company, which has been in run off since 2007, in return for a replacement contract with its sister company, Howden Insurance Brokers Limited (HIBL). 

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UK: PPI

In Saville v Central Capital Limited [2014] EWCA Civ 337, the Court of Appeal upheld an appeal brought by a couple provided with insufficient payment protection insurance (PPI) sold in breach of the Insurance Conduct of Business Rules (the ICOB Rules). 

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UK: The Association of British Insurers Publishes Recommendations for the Financial Conduct Authority on its Competition Remit

The Association of British Insurers (ABI) has published guidance on the significance and potential implications of the Financial Conduct Authority’s (FCA) remit to promote effective competition and, from April 2015, enforce competition law under the Competition Act 1998. The guidance gives comments and recommendations to both the FCA and the insurance industry on the new regulatory objectives of the FCA and how these can be best achieved. 

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UK: Court Of Appeal Rules a Limitation Fund Can Be a Guarantee as an Alternative to a Payment Into Court

In KAIROS SHIPPING LTD & STANDARD CLUB LTD V ENKA & CO LLC & ORS 2014 EWCA Civ 217, Karios sought a declaration that it was entitled to constitute a limitation fund
(a fund providing a maximum limit for its claims liability under the International Convention on Limitation of Liability for Maritime Claims 1976) by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity (P&I) club. 

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