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Results: 1-10 of 18

Unfair contract terms: FSA finalised guidance
  • Morton Fraser
  • United Kingdom
  • February 6 2012

The Financial Services Authority has been active in January 2012, publishing two sets of finalised guidance in relation to the Unfair Terms in Consumer Contracts Regulations 1999 (the “Regulations”


What constitutes a performance bond?
  • Morton Fraser
  • United Kingdom
  • February 16 2011

Mertiz (the "Guarantor"), an insurance company, had issued advance payment guarantees to Jan de Nul (the "Buyer") guaranteeing the repayment of payments made by the Buyer under 3 shipbuilding contracts with a Korean shipbuilding company (the "Builder"


The cost of providing a “free” car must be made clear
  • Morton Fraser
  • United Kingdom
  • December 9 2009

There is another case in the continuing saga of what can be claimed if a car is provided whilst the Claimant’s car is being repaired due to an accident involving the Defendant


Bite at the cherry
  • Morton Fraser
  • United Kingdom
  • April 12 2013

The decision in Smith v Sabre Insurance dated 9 April 2013 has settled an issue which has plagued insurers for years, namely whether or not it is


Mesothelioma, insurers and another trip to the Supreme Court?
  • Morton Fraser
  • United Kingdom
  • February 11 2013

Only a few months after the Supreme Court again wrestled with the causation problems posed by mesothelioma in the "EL Trigger" litigation and


Travel & insurance
  • Morton Fraser
  • United Kingdom
  • July 23 2013

As you book your holiday, one of the things that the travel agentwebsite inevitably asks is whether you have holiday insurance and a lot of us will


FSA discussion paper on “consumer responsibility”
  • Morton Fraser
  • United Kingdom
  • December 9 2009

The Financial Ombudsman Service (FoS) and the Financial Services Consumer Panel (FSCP) have both recently published their responses to the FSA’s discussion paper DP085


Is a P & I Association able to change its mind over what is covered by a policy?
  • Morton Fraser
  • United Kingdom
  • February 28 2012

The recent case of Micoperi SRL v. Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) addressed a situation where a P & I Association first accepted that a claimant was covered but consequently tried to claim otherwise


European Commission consults on EU limitation periods
  • Morton Fraser
  • European Union
  • October 4 2012

The European Commission is presently consulting on potential steps that could be taken to reduce the risk of claimants losing out on the ability to claim damages in respect of cross-border accidents, on account of divergent rules on limitation periods across the EU


Car hire costs a victory for insurers
  • Morton Fraser
  • United Kingdom
  • December 21 2011

Calculation of replacement car hire costs following a road traffic accident can be deceptively complex