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In Highland Crusader Offshore Partners v Deutsche Bank AG ([2009] EWCA Civ 725) the Court of Appeal considered the operation of a non-exclusive jurisdiction clause, whereby the parties submitted to English jurisdiction (but were not permitted from proceeding in another country of competent jurisdiction), against the background of proceedings in Texas and London. …
Read More UK: Court of Appeal Considers Parallel Proceedings and Non-Exclusive Jurisdiction Clauses

The UK Financial Services Authority published Policy Statement PS09/13 on 24 July 2009 confirming that proprietary life insurance companies will no longer be able to use their with-profit funds to meet future compensation and redress payments. …
Read More UK: Financial Services Authority Announces Changes to With-Profits Rules

In Dornoch Ltd & Ors v Westminster International & Ors [2009] EWHC 1782 (Admiralty) Mr Justice Tomlinson held that the sale by Westminster International (Westminster) of the wreck of a vessel, the Fariway for the sum of 1000 Euros to a related company was a transaction at an undervalue under s423 of the Insolvency Act 1986 (which, in basic terms, provides that certain disposals made to connected persons for a value less than a fair value may be set aside by the court). 

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Read More UK: High Court Rules Insured’s Sale of a Wrecked Vessel was a Transaction at an Undervalue Under s423 Insolvency Act 1986

The UK’s tax authority, Her Majesty’s Revenue and Customs (HMRC), has introduced new regulations relating to technical provisions made by general insurers, including members underwriting general insurance business at Lloyd’s. 

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Read More UK: New Regulations Relating to Calculation of General Insurance Technical Provisions for Tax Purposes

On 22 July 2009 three HSBC companies: HSBC Life UK Ltd; HSBC Actuaries and Consultants Ltd; and HSBC Insurance Brokers Ltd, were fined £1.6m, £875,000, and £700,000 respectively by the UK Financial Services Authority (FSA). The fines are in response to those companies failing to have in place adequate systems and controls to protect customers’ confidential information from being lost or stolen. …
Read More UK: Financial Services Authority Punishes Failure to Protect Confidential Customer Information with Hefty Fines

On 2 July 2009, the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) released their second set of advice on Solvency II Level 2 implementing measures. The first set of advice was released on 26 March 2009 and the third and final set of advice is expected in November 2009. …
Read More EU/UK: The Committee of European Insurance and Occupational Pensions Supervisors Release Their Second Set of Advice on Solvency II Level 2 Implementing Measures

The Financial Services Authority (FSA) has recently appointed Ken Hogg as Director of Insurance Sector. Mr Hogg, who was due to start his new role at the FSA this week, has a strong actuarial background and has previously been employed as interim Chief Financial Officer at MGM Assurance, Chief Operating Officer at AIG Life before which he spent 20 years working for AEGON. …
Read More UK: Financial Services Authority Appoints New Director of Insurance Sector

The Financial Services Authority (FSA) has fined Richard Holmes, a director of insurance broker AIF Limited, £20,020 for control failings in relation to an appointed representative firm (AR). …
Read More UK: The Financial Services Authority Fines Director of an Insurance Brokers for Failure to Control an Appointed Representative

The Financial Services Authority has published a consultation paper (CP09/18) in connection with the distribution of retail investments (including life products but excluding pure protection products: see below) – known as its retail distribution review (RDR). 

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Read More UK: Financial Services Authority to Abolish Commission Payment Structures