Not All Lies Entitle Insurers to Repudiate Liability

Written by Freethsinsurance on January 12, 2017

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 lies will entitle the insurer to repudiate liability.… Read more

New Rules for Appeals to the Court of Appeal

Written by Freethsinsurance on November 17, 2016

 

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 permission stage and on substantive appeal.… Read more

Exceptions to the WP Rule

Written by Freethsinsurance on September 13, 2016

 

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.… Read more

Clarification on Part 36

Written by Freethsinsurance on July 15, 2016

 

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 in 2009. … Read more

When is it too late to ask for more time?

Written by Freethsinsurance on June 29, 2016

 

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.… Read more

“ ‘Reasonable’ costs bill halved under proportionality test”

Written by Freethsinsurance on June 10, 2016

 

…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?Read more

Litigants in person – A balancing act for solicitors

Written by Freethsinsurance on June 3, 2016

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.… Read more

Not-So-Protective Claim Forms

Written by Freethsinsurance on May 20, 2016

 

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 recent case of Jerrard v Blyth [2014] EWHC 647 (QB).… Read more

Free advice to friends…not without legal responsibility…

Written by Freethsinsurance on May 3, 2016

 

The recent case of Burgess and another v Lejonvarm [2016] EWCH 40 (TCC) serves as a warning to professionals to proceed with caution when free offering advice. The TCC held that that an architect owed a duty of care in tort when advising friends on a garden project. … Read more