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Two recent cases have dealt with the obligation on (re)insurers to act in a business-like manner or to take business-like steps in the course of their claims handling or settlement.’...
The UK Financial Conduct Authority has turned its glare on brokers and perceives a potential conflict of interest among those who use ‘integrated models’ as a means to boost income.
Eurokey Recycling Ltd v Giles Insurance Brokers Ltd has provided helpful guidelines regarding the duties of an insurance broker in relation to the placement of business interruption insurance.
Post-Mitchell, there followed a number of first instance cases in which judges applied the Mitchell guidance to applications for relief from sanctions.
In Wellesley Partners LLP v Withers the defendant solicitors were found to be liable for damages in excess of £1.6m arising out of the unauthorised amendment of one very brief clause in an LLP agreement.
In West and another v Ian Finlay & Associates, the Court of Appeal reversed the finding of the court at first instance and held a net contribution clause to be valid and binding.
The recent Court of Appeal decision in Mehjoo v Harben Barker  EWCA Civ 358 provides guidance as to the limits of a professional’s duty to his client.
Cyber issues for insurers download
The continued dependence on electronic and network-based systems means that all businesses, regardless of their size or area of operation are increasingly exposed to cyber risks.
In Ageas (UK) Limited v Kwik-Fit (GB) Limited and AIG Europe Ltd, the High Court examined the legal authorities on measuring loss for breach of a warranty in a share and purchase agreement.
Insurance E-Brief — in brief download
The in-brief secton of Ince & Co’s Insurance E-Brief provides updates on recent legal developments and significant cases.
The International Maritime Organisation (IMO) has produced a draft Polar Code to cover all aspects of shipping in the Arctic and Antarctic areas.
Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading download
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
Bill of lading ‘law and arbitration’ clause incorporates charterparty court jurisdiction provision download
This dispute concerns a claim for cargo damage of around $1m under a bill of lading on the Congenbill 1994 standard form.
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
Shipping E-Brief — more pitfalls for owners looking to terminate for unpaid hire; Hong Kong ship arrest; and more download
The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
Restrictive covenants: East England Schools CIC (Trading as 4 MYSCHOOLS) v Palmer and Another, High Court download
It is established law that to be enforceable restrictive covenants of this nature can be no wider than is necessary to protect the employer’s legitimate business interests.
In AB v A Chief Constable, High Court [QBD]  IRLR 700, the High Court considered whether an employer is under a duty to supply a reference.
Employment Law Update, autumn 2014: legislative changes — flexible working; mandatory early conciliation; and more download
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.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.