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Results:1-9 of 9

ATE insurer liable to solicitors under 'no win, no fee' guarantee
  • Locke Lord LLP
  • United Kingdom
  • November 17 2010

In the recent case of Greene Wood Mclean LLP v Templeton Insurance Ltd (2010) EWHC 2679 (Comm), the Commercial Court considered whether Templeton was liable to GWM, a firm of solicitors, under an after-the-event (ATE) insurance policy.


A finding of contractual liability does not prevent a finding of tortious liability
  • Locke Lord LLP
  • United Kingdom
  • September 24 2010

In Omega Proteins Limited v Aspen Insurance UK Ltd 2010 EWHC 220 (Comm) the High Court was asked to consider whether a judgment that an insured was liable for breach of contract prevented a court from finding tortious liability within the same cover.


English High Court rules on purported avoidance of after-the-event insurance
  • Locke Lord LLP
  • United Kingdom
  • July 22 2010

In Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc 2010 EWHC 1705 (Comm), the High Court ruled that dishonesty on the part of a claimant which has taken out after the event (ATE) insurance can amount to a material non-disclosure such that the insurer may avoid the policy.


High Court confirms operation of the anti-deprivation principle
  • Locke Lord LLP
  • United Kingdom
  • May 28 2010

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out.


Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988
  • Locke Lord LLP
  • United Kingdom
  • May 26 2010

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery.


Court of Appeal rules on causation issues following negligent professional advice
  • Locke Lord LLP
  • United Kingdom
  • May 24 2010

In Levicom International Holdings BV and anr v Linklaters (a firm) 2010 EWCA Civ 494, Levicom appealed against the first instance decision of Mr Justice Andrew Smith that, although Linklaters had negligently advised Levicom, Levicom had suffered no damage as a consequence because it would have proceeded in the manner that it had even if it had received non-negligent or proper advice.


Data breaches to incur up to ��500,000 penalty
  • Locke Lord LLP
  • United Kingdom
  • January 28 2010

In our January 2010 Client Advisory (see the Client Advisory here) we wrote that, pending the outcome of a recent Ministry of Justice consultation, the Information Commissioner's Office (the ICO) may be given increased statutory powers to impose fines.


Victoria Anderson
  • Locke Lord LLP