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Freeths Professional Indemnity and Insurance Blog

  The Supreme Court has handed down its decision on the interpretation of the aggregation clause in the Minimum Terms and Conditions (MTCs) in the case of AIG Europe Limited (appellant) v Woodman and others (Respondents) today. In simple terms the background was that a development company developed two holiday resorts in Turkey and Marrakesh […]

It has been a long standing principle at common law that recovery from an insurer in respect of an insured’s fabricated or dishonestly exaggerated claims is prohibited. However, the recent case of ‘Versloot Dredging BV and anr (Appellants) v HDI Gerling Industrie Versicherung AG and ors (Respondents) [2016] UKSC 45’ has established that not all […]

  The recent 86th Update to the Civil Procedure Rules brought some noteworthy changes to the process of bringing appeals to the Court of Appeal. It is hoped that the new system will reduce (a) the backlog of cases waiting to be heard in the Court of Appeal and (b) the delay both at the […]

  Generally, the WP rule means that correspondence generated as part of a genuine attempt to settle cannot be used in evidence before the court. There are however, certain exceptions to this rule. This article will briefly summarise some of the exceptions to the WP rule, and in particular, the exception of unambiguous impropriety. There […]

  The Court of Appeal has recently reconfirmed that there is no “near miss” rule in relation to Part 36 Offers anymore. The helpful clarification was given in the case of Sugar Hut v AJ Insurance. In short, the Sugar Hut was a well known nightclub which had to be closed due to a fire […]

  The recent case of Foran v Secret Surgery Ltd and ors [2016] EWHC 1029 (QB) serves as a warning to litigators to plan ahead. In this case a claim was issued a matter of weeks before the limitation period expired. The Claim was not served promptly on three of the four defendants who were […]

  …screamed the headlines in the Law Society Gazette on 6 June 2016.  But, could the headline have not equally been “costs of more than 4 times damages are still proportionate” following the reporting of the costs decision by the senior costs judge in BNM v MGN Limited? The claimant was a primary school teacher […]

With rising Court fees the numbers of litigants in person (LIPs) continues to rise too.  Joint guidance was issued by the Law Society, the Bar Council and the Chartered Institute of Legal Executives for clients, LIPs and lawyers alike in an effort to help improve how these cases are handled. A copy of the guidance […]

  Recent cases have shown that, where a claimant issues but then abandons a claim, the Court may still make a costs order – even when those proceedings have not been served. In 2014 we successfully obtained costs of dealing with a claim for a defendant who had not actually been served, relying on the […]

Sarah Foster, managing partner at Henmans Freeth Solicitors, has passed with flying colours the inaugural International Underwriting Association’s Professional Indemnity Forum Test on Policy Cover & Liabilities. Sarah Foster is a specialist lawyer in the areas of professional indemnity and contentious trusts and probate.  Passing this exam is testament to her knowledge, experience and expertise […]

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