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Paul Lewis Herbert Smith Freehills LLP

Results 6 to 10 of 14



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

- 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 *

- 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 *

- 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.


Supreme Court abolishes expert immunity *

- April 5 2011
The UK Supreme Court last week handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years.

Co-authors: Alison Brown, Daniel Schaffer, Ian Gault, Linda Sweeney.


Brokers beware: the Barnet Devanney principle continues to flourish. Certain simple, practical steps could, however, go a long way towards mitigating its effect *

- February 15 2011
Mr Justice Blair's decision in Ground Gilbey and Another v Jardine Lloyd Thompson UK Ltd [2011] 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.

Co-authors: Catherine Emanuel, Anthony Dempster.


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