European court implicitly destroys a potential defence to infringement of a national UK trademark *

European Union, United Kingdom - February 22 2013
In Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza (Case C-561/11) , the Court of Justice of the…

Co-authors: Claire Lehr, Akash Sachdeva .

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Black Horse brings some good news for lenders and insurers in the field of PPI *

United Kingdom - March 9 2012
The various problems surrounding the sale of payment protection insurance (PPI) have been a major issue for the banking and insurance industries in recent years, as exemplified by the case of R (on the application of British Bankers Association) v Financial Services Authority [2011] EWHC 999 (Admin), in which it was held that a policy statement issued by the FSA concerning the assessment and redress of PPI complaints was lawful.

Co-authors: Sam Tacey.

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Insured entitled to recover "mitigation costs" from professional indemnity insurers *

United Kingdom - February 21 2012
In the case of Standard Life Assurance Ltd v ACE European Ltd & 10 ORS [2012] EWHC 104 (Comm), Mr Justice Eder held that Standard Life Assurance Limited (SLAL) was entitled to recover under its professional indemnity insurance policies (the Policies) from the defendant insurers (the Insurers) in respect of remediation payments made following a significant fall in value of the Standard Life Pension Sterling Fund (the Fund).

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Court rules on the materiality of non-disclosures, and the meaning of "want of due diligence" in a marine policy *

United Kingdom - February 6 2012
In the case of (1) Sealion Shipping Limited (2) Toisa Horizon Inc v Valiant Insurance Co [2012] EWHC 50 (Comm), Mr Justice Blair held that a marine insurer could not avoid liability for machinery breakdown under a loss of hire policy.

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In the absence of special circumstances silence and inaction cannot constitute unequivocal representations *

United Kingdom - January 10 2012
In the case of Liberty Insurance Pte Ltd & ANOR v Argo Systems FZE [2011] EWCA Civ 1572 it was held that the judge at first instance had erred in concluding that Liberty (the appellant insurer) had made an unequivocal representation to Argo (the insured) that it no longer intended to rely on its legal right to be discharged from liability under a policy of marine insurance as a result of Argo's breach of a warranty.

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