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Article

Locke Lord LLP | United Kingdom, European Union | 30 Jul 2010

Legal expenses insurance must comply with insured's freedom to choose lawyer under EU directive

On 19 July 2010, the FSA sent a letter to UK insurance firms reminding them of the requirement that terms in legal expenses insurance must not detract from, or qualify in any way, an insured's freedom to choose a lawyer.

Article

Locke Lord LLP | European Union | 17 Jun 2010

European Advocate General opinion concludes no privilege for in-house lawyers

On 29 April 2010, European Advocate General Kokott gave her opinion in the case of Akzo Nobel Chemicals Ltd & Akcros Chemicals Ltd v European Commission.

Article

Locke Lord LLP | United Kingdom | 28 May 2010

Court of Appeal rules on VAT exemption for insurance intermediaries

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide.

Article

Locke Lord LLP | United Kingdom | 26 May 2010

Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988

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.

Article

Locke Lord LLP | European Union, Italy | 4 Feb 2010

Italian government and EU are named as defendants in Eternit asbestos proceeding

The criminal proceedings in Turin against the former heads of asbestos giant Eternit have taken a new turn.

Article

Locke Lord LLP | European Union | 12 Nov 2009

European ruling on VAT goes against reinsurers

The European Court of Justice (ECJ) has recently released its judgment in the case of Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften, confirming that a transfer of a portfolio of life reinsurance contracts, outside of a business transfer, will be subject to value-added tax (VAT) at the standard rate.

Article

Locke Lord LLP | United Kingdom | 19 Oct 2009

English court rules that it has jurisdiction to hear reinsurance claim between a Bermudian insurer and a Swiss reinsurer

In Gard Marine & Energy Ltd (A company incorporated under the laws of Bermuda) v (1) Lloyd Tunnicliffe (2) Glacier Reinsurance AG (A company incorporated under the laws of Switzerland) (3) Agnew Higgins Pickering & Co Ltd 2009 EWHC 2388 (Comm), the English Commercial Court was asked to consider whether the dispute between Gard and Glacier Re should be heard by the English courts.

Article

Locke Lord LLP | United Kingdom | 12 Aug 2009

English High Court considers the effect of parallel proceedings on its jurisdiction

In Catalyst Investment Group Ltd & Ors v Max Lewinsohn & Ors 2009 EWHC 1964 (Ch) the High Court held that where the English courts have jurisdiction to hear a claim under Article 2 of EC Regulation 442001 (the Jurisdiction Regulation) it was not open to that court to stay the action before it on the grounds that there were existing proceedings on foot in a non-EU jurisdiction which had a closer connection to the case than England.

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