What does Liability insurance mean? Insurance that protects businesses against civil liabilities to third parties, including, in the case of employers’ liability insurance, claims by employees for work-related injury or disease. It is a market term used across multiple legal contexts rather than a single statutory definition, though particular classes are regulated by legislation (notably compulsory employers’ liability). Common forms include public liability, products liability, employers’ liability, professional indemnity and directors’ and officers’ (D&O) liability. Cover typically indemnifies damages, claimant’s costs and defence costs, subject to an indemnity limit, excess and standard exclusions (for example, deliberate acts, assumed contractual liabilities and pollution unless endorsed). Liability policies...
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This Practice Note offers direction on notification clauses in liability insurance. It outlines the function of these provisions and explains how to notify claims or relevant circumstances to insurers—covering what should be reported and when. It also discusses the possible outcomes where notification obligations are not properly observed. In addition, it addresses the respective rights and duties of insurers and insureds in relation to the insured’s duty to mitigate its losses and the defence and settlement of claims. For information about liability insurance generally, see Practice Note: Liability insurance. The related documents pod on the right contains links to further guidance on liability insurance and to guidance on its specific forms.
Liability policies almost always contain a term (frequently a condition precedent) requiring the insured to notify the insurer within a specified period of any claims brought against them. Moreover, policies written on a claims-made basis almost all require the insured to inform the insurer of any events, accidents, facts, or circumstances that may give rise to a future claim...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...