Thomas Morgan
Tom is an Associate in the Global Commercial Disputes Group at Reed Smith LLP.
Tom has experience in a wide range of contentious matters conducted in the English High Court. Tom has particular experience in insurance recovery, commercial litigation, and banking and financial services disputes.
Tom has experience in a wide range of contentious matters conducted in the English High Court. Tom has particular experience in insurance recovery, commercial litigation, and banking and financial services disputes.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2019
Education
- First class honours in War Studies, King's College, London
3 Contributions by Thomas Morgan
PRACTICE NOTES
Applicable law for insurance contracts under UK Rome I (Article 7): large and non-large risks, risk location, mandatory insurance, life assurance, reinsurance, and UK Rome II overlap
Practice Note
This Practice Note assists with identifying the applicable law for contracts concluded on or after 1 January 2021. For agreements entered into before that date, the UK courts apply a different applicable law framework, which varies according to when the contract was made. For detailed guidance, see the following resources:
Practice Note: Applicable law—a guide for dispute resolution practitioners
Practice Note: Assimilated law
In this Practice Note, UK Rome I refers to Regulation (EC) 593/2008. That regulation governs the choice of law where the contract was entered into on or after 1 January 2021. Previously called Retained Rome I, from 1 January 2024 it has been retitled Assimilated Rome I—the change is in name only; the regulatory provisions are unchanged. Authorities may use either designation, and therefore, for consistency, this Practice Note adopts the term UK Rome I. This Practice Note examines the insurance contract provisions within UK Rome I. It provides definitions and explains the differing rules applicable to large risks and non-large risks...
Dispute Resolution
PRACTICE NOTES
Brussels I (recast) insurance jurisdiction: Articles 10–16, weaker‑party protection, direct actions, subrogation, jurisdiction agreements, lis pendens and post‑Brexit application—England and Wales [Archived]
E&W Brussels I (recast)—dealing with insurance matters [Archived]
ARCHIVED : This Practice Note is archived and is not being maintained. It assists in identifying which EU Member state’s courts hold jurisdiction to determine an insurance claim. In particular, it examines the amendments in Regulation (EU) 1215/2012, Brussels I (recast), insofar as they concern insurance. Those provisions are found in Chapter II, Section 3, Articles 10–15 of the Regulation. The Note reviews the basic principle that a defendant is to be sued in the state of their domicile, together with departures from that principle when the insured—treated as the weaker party—is involved. It also surveys the position where the parties are on an equal footing. Further safeguards are discussed where there could otherwise be tacit prorogation of jurisdiction, as well as the effect of an agreed jurisdiction clause in an insurance dispute. The Practice Note includes Court of Justice rulings that post-date the UK’s exit from the EU. For guidance on how these should be applied, see Impact of UK’s departure from the EU below...
Insurance & Reinsurance
PRACTICE NOTES
Rome I Article 7: UK applicable law for insurance contracts (2009–2020)—large/non‑large risks, choice of law, mandatory insurance, reinsurance, Rome II and third‑party issues, and Brexit
This Practice Note
Use this Practice Note when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. Where agreements were made outside those dates, the UK courts apply a different governing law framework; for guidance, see: Applicable law regimes for insurance contractual disputes below. The Note examines the insurance contract rules in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). It sets out definitions and explains the distinct regimes for large risks and non‑large risks, covering party choice of law, absence of choice, escape routes, and EU Member State derogations. It also outlines obligations concerning insurance cover and how to ascertain the location of the risk. Provisions relevant to reinsurance arrangements are touched on briefly. Finally, it considers whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II governs matters arising from motor accidents or claims by third parties against insurers in the relevant legal contexts accordingly...
Dispute Resolution
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