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AXA General Insurance Limited and others v The Lord Advocate and others
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • October 14 2011

The Supreme Court recently released its judgment in the case of AXA General Insurance Limited and others v The Lord Advocate and others

General counsel update
  • Herbert Smith Freehills LLP
  • USA, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, China, European Union
  • July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Lloyd's not a "public officer" for the purposes of misfeasance in public office
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 29 2007

In another chapter of the long-running Lloyd's Names litigation, the Court of Appeal confirmed that Lloyd's does not have the requisite characteristics to be a "public officer" for the purposes of the tort of misfeasance in public office

Financial institutions e-briefing: insurance update: 911 attack on the Twin Towers of the World Trade Center: 1 attack or 2?
  • Eversheds LLP
  • United Kingdom
  • February 28 2013

The issue of whether the terrorist attack on the Twin Towers on 11 September 2001 was one attack or two was considered by an English Court for the

Surveillance and human rights
  • Kennedys Law LLP
  • United Kingdom
  • September 4 2009

Most readers will know of at least one instance where surveillance has been of crucial importance when defending either a fraudulent or grossly exaggerated insurance claim

Landmark ruling on solicitors’ ability to indemnify clients against costs liabilities
  • RPC
  • United Kingdom
  • April 21 2011

In Sousa v London Borough of Waltham Forest Council the Court of Appeal considered whether a claimant was entitled to recover from a defendant the success fee payable to his solicitors under a Conditional Fee Agreement (CFA) in circumstances where the claim was brought by the claimant's insurers exercising their right of subrogation

Local authorities' powers
  • Mills & Reeve LLP
  • United Kingdom
  • May 31 2008

In this case the claimant company applied for judicial review on the grounds that the participation of the defendant local authority in a new mutual insurance company (London Authorities Mutual Limited) was outside its powers or not duly authorised

FOIA High Court decision on disclosure of confidential information by a regulator
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 17 2009

In Financial Services Authority v Information Commissioner 2009 EWHC 1548 (Admin) the High Court considered whether information requested from the FSA under the Freedom of Information Act 2000 ("FOIA") was protected from disclosure by virtue of the provisions on confidential information in s.348 Financial Services and Markets Act 2000 ("FSMA"

Preventing double recovery: payments by a local authority towards the care costs of a personal injury claimant are relevant when assessing loss
  • Kennedys Law LLP
  • United Kingdom
  • April 11 2007

The recent decision by the Court of Appeal in Andre Crofton v NHS Litigation Authority will be warmly welcomed by defendant insurers as it should significantly reduce their damages bill

Government confirms ECJ gender ruling will apply only to new contracts entered into after 21 December 2012
  • Hogan Lovells
  • European Union, United Kingdom
  • August 16 2011

On 1 March 2011 the European Court of Justice issued its judgment in the Test-Achats case, ruling that gender based pricing in contracts of insurance is a contravention of EU law and that from 21 December 2012 insurers will be obliged to apply unisex premiums and benefits