Third-party costs orders against insurers – Where do things stand after Travelers?

For a short time, following the decisions of Foskett J in Giambrone and the Court of Appeal in Travelers, it looked as though the scope for obtaining third party costs orders against insurers was much wider than had previously been appreciated. Then the Supreme Court decided Travelers.

Related briefings

Video: Clitheroe v Bond – case law update with Kate Selway QC and Edward Hicks

In this case law update video, Kate Selway QC is in conversation with Edward Hicks, who acted as junior counsel for the successful respondent before Mrs Justice Falk in Clitheroe v Bond [2021] EWHC 1102 (Ch), on appeal from the decision of Deputy Master Linwood at trial pronouncing against two wills of the deceased for want of testamentary capacity ([2020] EWHC 1185 (Ch)). The appeal considered, among other things, whether the test for capacity in Banks v Goodfellow had been replaced by the test for capacity in the Mental Capacity Act 2005.

Video: Clitheroe v Bond webinar

Tom Dumont QC and Ed Hicks of Radcliffe Chambers together with Amanda Smallcombe of Birkett Long, discuss the judgment of Mrs Justice Falk in Clitheroe v Bond [2021] EWHC 1102 (Ch), in which they represented the successful respondent.

Re Regis UK Limited [2021] EWHC 1294 (Ch)

Landlords fail in their attempt to force Nominees to return their fees and in their bid to establish a meaningful precedent in their ongoing fight against CVAs

Video: Valid or invalid: The debate over defective administration appointments continues

Our speakers consider the decisions in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2018] EWCA Civ 276, Re Tokenhouse VB Ltd [2020] EWHC 3171 (Ch) and Re Seabrook Road Ltd [2021] EWHC 436 (Ch). They will continue the debate around the effectiveness of defective administration appointments, expressing their own views as to the correctness – or otherwise – of those decisions.

Latest Briefings

Our future town and city centres

Post-Covid, how do we revive our urban centres, now and in the future? What does the future hold for work, retail, entertainment and living? These were some of the issues discussed when Birmingham real estate partner, Beth McArdle, chaired a session at the Big Tent Festival 2021 in Coventry. Joining Beth on the panel were: Siraj Ahmed Shaikh, Director of Research at Institute of Future Transport & Cities, Coventry University; Trish Willetts, Coventry BID Director; and Cllr Jim O’Boyle, Cabinet Member for Jobs, Regeneration and Climate Change, Coventry City Council.

Modernisation of the British Virgin Islands trust legislation

Legislative amendments to the British Virgin Islands trust legislation took effect on 9 July 2021 under the Trustee (Amendment) Act, 2021. The reforms introduce welcome improvements to the BVI’s Trustee Act and ensure that the BVI remains a leading offshore jurisdiction for the establishment, administration, and maintenance of trusts.

Blockchain Webinar Series | Exploring decentralized finance: Understanding the latest trends and legal developments

For sophisticated investors looking for the next opportunity, decentralized finance (DeFi) offers a new way to invest in crypto assets in an on-demand digital world. However, before jumping in with both feet it’s critical to understand what DeFi is, how it works, its potential return on investment and its inherent risks. In this session we explore the burgeoning DeFi landscape, outline key legal considerations and highlight strategies that are currently being offered on various platforms.


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