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Paul Lewis Herbert Smith Freehills LLP

Results 6 to 10 of 16



The law of the arbitration agreement – which law applies and why does it matter? *

United Kingdom - June 7 2012
In Sulamerica v Enesa Engenharia [2012] EWCA Civ 638, the Court of Appeal was asked to determine the law applicable to an arbitration agreement contained in two Construction All Risk policies.

Co-authors: Sam Vardy, Joanne Greenaway.


Mitigation costs under professional indemnity policies *

United Kingdom - April 10 2012
In Standard Life Assurance Limited v Ace European Group (and Ors) [2012] EWHC 104 (Comm), Mr Justice Eder considered the recoverability of mitigation costs under a professional liability policy and, in particular, whether the insured's purpose in making remediation payments was relevant.

Co-authors: Janetta Gibbs.


Applications to strike out civil proceedings for delay or want of prosecution - the way forward *

Hong Kong, United Kingdom - January 11 2012
The Court of Final Appeal has, in Liquidator of Wing Fai Construction Company Limited v Yip Kwong Robert and Others (FACV 3/2011, 8 December 2011), informed practitioners of the approach the courts must now take when faced with applications to strike out civil proceedings for delay or want of prosecution on the part of the plaintiff.

Co-authors: Gareth Thomas, Mark Johnson, Michael Withington, Sanjay Sakhrani, Robert Hunt.


Update on the Law Commissions' review of insurance contract law *

United Kingdom - January 5 2012
We have been following the progress of the English and Scottish Law Commissions' review of insurance contract law since 2006. 

Co-authors: Janetta Gibbs.


Insurer's liability to indemnify reduced owing to prejudice suffered by late notification *

United Kingdom - November 14 2011
The recent judgment of the High Court in Milton Keynes Borough Council v Michael Nulty, deceased Wing Bat Security Ltd (formerly DBI Support Services Ltd) (in liquidation) National Insurance & Guarantee Corporation Ltd [2011] EWHC 2847 (TCC) provides an interesting example of an insurer's liability being reduced by the measure of its "lost chance" to influence the outcome of litigation where that lost chance had resulted from the insured's failure to comply with the notification provisions of the policy.

Co-authors: Alex Macdonald.


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