Crystal ball gazing — privilege and anticipation of litigation
Last July we reported on the decision of Justice Cowdroy in the Federal Court upholding insurers’ claim for privilege over the reports of loss adjusters. That decision was important for insurers dealing with large and complex claims as the nature of such claims may be sufficient to support a reasonable anticipation of litigation very soon after an insured event occurs.
The Full Federal Court has now reinforced that first instance decision in a decision delivered immediately before Christmas (Ensham Resources v Aioi Insurance Company  FCAFC 191). The insured’s appeal was dismissed and the court’s reasons are now, arguably, the leading decision on the issue of privilege and loss adjuster’s reports…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Analysis from The Lawyer
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
Hong Kong IPO activity is hotting up again, but UK legal stalwarts are looking over their shoulders as US rivals make up ground fast