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The survey gathered input from 14 of the 28 insurers listed by the Solicitors Regulation Authority (SRA) for the 2024 indemnity year. Conducted anonymously via Qualtrics and in partnership with the International Underwriting Association, it found that 38% of respondents foresaw potential difficulties at renewal, although the exact tally was not provided. Browne Jacobson reported that solicitors began considering leaving the PII market after the Court of Appeal’s January 2024 decision in Discovery Land Co LLC and others v Axis Specialty Europe SE. The firm noted that the ruling heightened worries about tightly drawn aggregation of claims under the SRA’s minimum terms and conditions, which influence the limit of indemnity. Ed Anderson, a partner at Browne Jacobson who deals with PII, ...
Insurance & Reinsurance weekly highlights—18 January 2024 In this issue: Ukraine conflict Coronavirus (COVID-19) Cases and decisions Types of insurance Market practice Regulation Solvency II New and updated content Case trackers Key dates Daily and weekly news alerts LexTalk®Insurance: a Lexis®Nexis community Ukraine conflict This week, Scottish practice Brodies LLP confirmed it had supported Ukraine’s Export Credit Agency on an innovative war risks insurance mechanism, extending protection to shipowners and charterers and enabling the nation to move cargo across the Black Sea amid ongoing hostilities with Russia. See News Analysis: Brodies steers war risk insurance for Ukrainian exports. The conflict in Ukraine has profoundly reshaped the aviation insurance sector. Claims on aviation policies have become a central battleground as lessors try to recoup losses for aircraft left in Russia (typically still held and operated by Russian carriers). Consequently, a wave of proceedings has been commenced before the English, US, and Irish...
In this issue: Cases and decisions Insurance types Insurance claims Jurisdiction and applicable law EU regulation International regulation New and updated content LexTalk®Insurance: a Lexis®Nexis community Cases and decisions AmTrust Specialty Ltd (formerly AmTrust Europe Ltd) v Endurance Worldwide Insurance Ltd (trading as Sompo International) The Court of Appeal addressed a dispute over the breadth of disclosure arising from a collapsed litigation funding arrangement. Novitas Loans Limited, as claimant, pursued AmTrust Specialty Limited for loss under a Deed of Indemnity; AmTrust, in turn, brought Part 20 claims against Sompo International, the insurer of the now-insolvent Scheme Solicitors. The appeal focused on a case management decision refusing disclosure of pre-contractual communications between Sompo and the Scheme Solicitors—material which AmTrust said mattered to construing the policies and any exclusions. The appeal was allowed, with the court holding that the judge at first instance had misapplied the test for extended disclosure. As a result, the judge...
This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 (EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to extradition apply. The statutory grounds for opposing extradition are then considered in turn...
The medical specialty focused on diagnosing and treating cancer is oncology. Handling oncology clinical negligence claims requires an understanding of cancer’s nature, its many forms, symptoms and treatments, diagnostic methods, and the limits of what diagnosis and intervention can achieve. The timing of both actual care and the hypothetical non‑negligent treatment in the counter‑factual scenario is crucial to causation and injury. Choosing an expert is not always straightforward. These cases also demand careful management of a claimant’s expectations from the outset. Sometimes a decision is needed between seeking damages for a living claimant or for the estate or dependants of someone who has died. This Practice Note therefore outlines the essentials: what cancer is, how and when it is identified and treated, the limitations on treatments, and the applicable case law. What is cancer? Cancer develops when cells in the body divide faster than they should, forming a lump or tumour. Such tumours can be benign or malignant. There are more than 200 different cancers, including breast, lung,...
This Practice Note sets out guidance on the limitation periods for breach of contract claims under the Limitation Act 1980 (LA 1980). It should be read alongside the following Practice Notes: Limitation Act 1980—general application, which details the core principles for calculating limitation periods pursuant to LA 1980, including when time begins to run and when it stops Limitation—the principal limitation periods, which provides an overview of the key limitation periods for disputes. In addition to high-level material relevant to breach of contract claims, it may assist with other claims that could apply concurrently on the facts For more general guidance concerning breach of contract and debt claims, see: Contractual breach damages and remedies—overview Debt claims—overview General Pursuant to LA 1980, s 5, the limitation period for issuing a claim for breach of contract is: six years from the date of breach of a ‘simple contract’, meaning one not under seal or...