You, Ben Ogden
& Ince, in any case

14-08-2019 / Insurance

Cape Intermediate Holdings Ltd v Dring [2018] EWCA Civ 1795 The Supreme Court has clarified the extent of a non-party’s right to request copies of documents filed with the court in a case of importance to all litigants concerned about the confidentiality of their documents.

21-05-2018 / Insurance

In South Australia Asset Management Corp v York Montague Ltdnbsp1996 UKHL 10 (SAAMCO), the House of Lords limited recovery of damages from a negligent professional advisor to losses which fall within the scope of the advisor's duty Last year, innbspBPE Solicitors v Hughes-Hollandnbsp2017 UKSC 21, the Supreme Court reinforced and clarified the application of the SAAMCO principle in claims against solicitors Now, innbspManchester BuildingnbspSociety v Grant Thornton LLPnbsp2018 EWHC 963, the Commercial Court has considered its application in the context of an accountants' negligence claim

13-03-2018 / Insurance

In Woodford v AIG Europe, the Commercial Court ordered the insurer AIG to indemnify the claimants insured under a DO policy for legal costs incurred in defending a claim against them for breach of directors' duties The policy in question was subject to German law and the judgment is of interest both from a German and an English perspective

12-03-2018 / Insurance

The Court of Appeal decision in Wingate v SRAnbspandnbspSRA v Malinsnbspgrappled with thenbspmeaning of integrity in the context of professional conductnbspMost professional codes of conduct contain a requirement tonbspact with integritynbspThe judgment regards that as a useful shorthand to express the higher standards which society expects from professional persons and which professions expect from their own members

23-11-2015 / Insurance

In Maccaferri Limited v Zurich Insurance Plc [2015] EWHC 1708, Mr Justice Knowles held that an obligation on an insured to notify as soon as possible an event which is likely to give rise to a claim as soon as possible does not import a duty on the part of the insured proactively to make enquiries for such events.

01-06-2015 / Insurance

The High Court has confirmed, in IHC (a firm) and another v Amtrust Europe Ltd [2015] EWHC 257, the difficulties that an insured will face in establishing an estoppel against an insurer that avoids a claim on the basis of the insured’s fraudulent misrepresentation. The fact that, in this case, the claim was brought by a third party under the Third Parties (Rights Against Insurers) Act 1930 made the Claimant’s case even more difficult to prove. The claimant in such circumstances effectively steps into the shoes of the insured but will often have little control or ability to bring the evidence it requires to establish the reliance by the insured that is a necessary element to establish an estoppel.

27-11-2014 / Insurance

The recent Court of Appeal decision in Mehjoo v Harben Barker [2014] EWCA Civ 358 provides guidance as to the limits of a professional’s duty to his client. The Court of Appeal made clear that professionals' obligations are limited to the instructions set out in their retainer letter, which can be varied only by express agreement or a clear course of conduct that can be inferred as having that effect. In particular the Court drew a distinction between general and specialist advice and held that the giving of the former did not result in an implied duty to provide the latter.

27-11-2014 / Insurance

We reported in the Spring 2014 E-Brief on the impact of the Jackson Reforms a year after implementation (read our article Confirmation of a more robust approach to relief from sanctions). At that time the Court of Appeal had recently handed down judgment in Mitchell v Newsgroup Newspapers [2013] EWCA Civ 1537, endorsing a tough new approach to cases of non-compliance with court rules, orders and directions.

15-04-2014 / Insurance

The Jackson reforms, aimed at changing the English litigation costs regime, were implemented a year ago, on 1 April 2013. Mr Justice Ramsey, who was responsible for implementing the reforms, has said that five years will be needed to assess whether they have worked. However, an impact has already been felt in recent judicial decisions.