Anthony Dempster Herbert Smith Freehills LLP
Results 1 to 5 of 10
United Kingdom - May 9 2012
In a judgment handed down on 25 April 2012, the Court of Appeal held that a parent company owed a duty of care to an employee of its subsidiary company where the employee suffered asbestosis as a result of exposure to asbestos in the workplace.
Co-authors: Nicola Lewis.
United Kingdom - November 18 2011
The recent decision in Faraday Reinsurance Co Ltd v (1) Howden North America Inc and (2) Howden Buffalo Inc  EWHC 2837 (Comm) highlights the potential availability of negative declaratory relief as a protection for parties drawn into coverage disputes in foreign jurisdictions, where differences in local law can have a substantial effect on the liabilities assumed by insurers.
Co-authors: Christopher Charlton.
United Kingdom - November 15 2011
In the recent case of (1) The Seashell of Lisson Grove Ltd (2) Central Tax & Trustee Planning LLP (3) Andre Misso v Aviva Insurance Ltd & Ors  EWHC 1761 (Comm), the Commercial Court considered the construction of certain policy terms upon which the insured sought to rely to avoid the ordinary consequences of a breach of warranty, misrepresentation and non-disclosure.
Co-authors: Sarah Irons.
Brokers beware: the Barnet Devanney principle continues to flourish. Certain simple, practical steps could, however, go a long way towards mitigating its effect *
United Kingdom - February 15 2011
Mr Justice Blair's decision in Ground Gilbey and Another v Jardine Lloyd Thompson UK Ltd  EWHC 124 (Comm) is a cogent reminder to insurance brokers that they can expect little sympathy from the courts in cases where their clients have settled their insurance claims for a shortfall because the insurers had an "arguable" defence to the claim.
Fraudulent claims and non-disclosure: a reminder of the strict position and complexities under English law *
United Kingdom - November 12 2010
The recent case of Joseph Fielding Properties (Blackpool) Ltd ("JFP") v Aviva Insurance Ltd ("Aviva") comes as a reminder of the unsympathetic response that can be expected from an English court in the event of a fraudulent claim and the strict nature of the non-disclosure rule.
Co-authors: Patrick Tumelty.
- Alastair Henderson,
- Andrew Taggart,
- Anna Pertoldi,
- Damien Byrne-Hill,
- Daniel Waldek,
- Frances Edwards,
- Gareth Thomas,
- Jemima Coleman,
- John Whiteoak,
- John Wood,
- Kate Rees-Doherty,
- Martin Dawbney,
- Maura McIntosh,
- Maurice Burke,
- Peter Frost,
- Ralph Sellar,
- Richard Norridge ,
- Robert Hunter,
- Sonya Leydecker,
- Tim Leaver