What is in a name? The effect of a basis of the contract clause — revisited
Readers will recall the decision of Mr Justice Akenhead in Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Syndicate 4472 at Lloyd’s  EWHC 3105 (TCC) in which it was held that a misstatement in the proposal form constituted a breach of warranty due to the basis of the contract clause contained in the proposal form.
The insurer, Liberty Syndicates, was as a result discharged from all liability. Genesis was aggrieved by this decision and appealed. The Court of Appeal, in a unanimous judgment delivered by Lord Justice Jackson on 4 October 2013, has firmly upheld that decision, confirming the impact of basis clauses in proposal forms. It also considered the impact of the declaration of the signatory as to the accuracy of the information supplied.
The Court of Appeal also commented on the impact of a condition of the cover dealing with the right to avoid in the event of misrepresentation…
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Employment Law Update, autumn 2014: legislative changes — flexible working; mandatory early conciliation; and more
This Employment Law Update outlines the latest legislative changes. These follow the trend of recent years to extend family-friendly rights and employee protection.
The Supreme Court has held that a female equity partner in an LLP fell within the definition of ‘worker’ under section 230(3)(b) of the Employment Rights Act 1996.