Articles

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Uniting a fragmented ASEAN - What it means for insurers

1 February 2014

Southeast Asian states have targeted 2015 to create a more integrated economic region, and the effect on the insurance industry is potentially wide-ranging in the long run – from regulations, distribution, products, talent to operating cost base, amongst others. DAC Beachcroft Partner, Steven Dewhurst, is quoted in this article.

Published in Asia Insurance Review February 2014 Issue. 

"Integration, integration, integration"

30 January 2014

Amid speculation that 2014 will be another year of significant global M&A activity in the insurance market, a leading corporate lawyer looks at why some deals don't deliver the value expected.

Published in Insurance Day on 30 January 2014.

Death by sub-contracting

15 January 2014

As any insurer involved in the construction industry will know, when complex projects go wrong, they can go very wrong.  A recent TCC trial (Greenwich Millennium Village Ltd v Essex Services Group Plc [2013] EWHC 3059 (TCC)) involved numerous parties from professional consultants to sub-sub-contractors and culminated in a 13 day trial where the contractual arrangements were described by the judge as “death by sub-contracting”.  The decision is a useful review of recurring issues encountered by construction insurers, including apportionment of liability and the scope of indemnities. 

Published in Insurance Day on 15 January 2014.

Court provides guidance on follow settlements

19 December 2013

At the time of the Thai floods in 2011, Tesco occupied 900 properties in Thailand. 165 of these were affected by the floods. Tesco's claims on its insurers have given rise to arguments between reinsurers concerning the meaning and effect of an unqualified follow the settlements clause. The Commercial Court was asked to decide what is meant by the concept of following settlements where the claim "so recognised" falls within the terms of the policy or "arguably does so".

Published in Insurance Day on 19 December 2013.

Is Post-Jackson Litigation the New Conveyancing?

18 December 2013

There can be little doubt that conveyancing firms have been the natural and regular target for lenders and dissatisfied home-owners seeking to recover losses incurred as a result of the collapse of the residential housing market in 2008.

Published in Solicitors Journal on 18 December 2013.

The Value of Expertise

6 December 2013

The expert evidence given at trial often plays a crucial role in determining the ultimate outcome of professional negligence litigation. Three recent cases act as reminders of the importance which needs to be placed on selection of the experts, if a party is to be given the best chance of success at trial.

Published in New Law Journal on 6 December 2013.

Class Actions (India-Style)

2 December 2013

India’s Ministry of Corporate Affairs began a comprehensive review of the 1956 Companies Act as far back as 2004. The review eventually led to a Companies Bill, detailed scrutiny of which led to India’s Parliamentary Standing Committee on Finance (SCF) issuing a report in August 2010. A private consultation process then followed and a new, substantially different, Bill was introduced into the Lok Sabah, India’s lower house of parliament, in 2011. That Bill never became law. Discrepancies were found between the Bill and the 167 recommendations the SCF had made in its August 2010 report. The Lok Sabah finally produced a new Companies Act this year. Presidential Assent was received on 29 August 2013 and parts of the Act came into force on 12 September 2013.

Published in Global Reinsurance on 2 December 2013.

Corporate governance - time for a new approach?

1 December 2013

Corporate governance ideals and the balance that needs to be struck between regulation and practice have been brought into focus by proposals from the Department for Business, Innovation & Skills (BIS) to enhance the transparency of UK company ownership and increase trust in UK business (the BIS discussion paper), and the announcement by David Cameron of the creation of a publicly accessible register of beneficial ownership.

Published in the December 2013 issue of Practical Law Company magazine.

The Role of Commissioners in Quality and Safety

1 December 2013

The recent Government response to the Mid Staffordshire NHS FT Public Inquiry Recommendations has set out once again some significant expectations for commissioners in the National Health Service.

Published in Healthcare Market News on 1 December 2013.

Year ahead will be shaped by CC investigation and commissioning

1 December 2013

Change is never far away when it comes to healthcare but the coming year has the potential for a radical shift in the landscape. As we move into the New Year, Healthcare Market News asks some of the most influential names in the sector to sum up what they believe will be the biggest challenges and opportunities for independent healthcare over the next 12 months. Jocelyn Ormond, head of the independent health and social care group provides his predictions.

Published in Healthcare Market News on 1 December 2013. 

The value of data breach insurance policies

13 November 2013

For most UK companies, there is no legal obligation to notify the Information Commissioner's Office (ICO) or affected data subjects in the event of a data breach. The absence of a compulsory notification regime is often cited as a reason why demand for data breach policies (which indemnify the legal and technical costs associated with breach notification) has been lower in the UK than the US where notification is often mandatory.

Published in Insurance Day on 13 November 2013.

Regulation Focus-LatAm

1 November 2013

DAC Beachcroft and its associated firms provide a comprehensive overview of the latest regulatory and legal updates in the Latin American region’s insurance sector.

Published in LatAm Insurance Review on 1 November.

New health regime may be torpedoed by planning

1 November 2013

At the end of 2013 the government announced a £50m pilot to extend GP surgeries' opening hours – up to 12 hours a day, seven days a week. The main aim is to reduce admissions to accident and emergency departments, and alleviate the pressure on hospitals. In the process, the scheme is expected to enhance primary care and make the heath service more accessible to people who work.

Published in Property Week on 1 November 2013.

Litigation trends: regulatory investigations, whistle-blowing, and bribery

20 October 2013

The trend for increased regulatory investigations and follow-on criminal proceedings in both the US and UK has shown no sign of abating. With it has also come an eye watering level of punitive sanction, with fines imposed in the hundreds of millions of pounds or dollars. The threat of financial and criminal penalties are always a great driver in changing business practices, and they do help to focus the business community's collective mind. In turn, legal advisers have identified this need, and there is a noticeable trend towards firms bulking up expertise, as they ready themselves to meet an increasing demand for regulatory advice to steer them and their employees through unfamiliar territory.

Published in New Law Journal on 20 September 2013.

Meet the vision for paperless data through procurement

18 October 2013

In July NHS England published its vision of access to digital data across care settings - Safer Hospitals Safer Wards - Achieving an integrated digital care record - and how this to be achieved. It acknowledged that the NHS has been slow to adopt new developments and that this has to change. NHS England's strategy builds on Jeremy Hunt's vision of a paperless NHS by 2018 and this new vision of the future came in the same month that NHS England began a consultation on a proposal to require a much larger dataset be electronically provided by hospitals from April 2014. This will require many hospitals to implement new systems.

Published in Health Service Journal on 18 October 2013.

Who’s responsible if a product doesn’t do what it says it does on the tin?

15 October 2013

The question of whether responsibility for product failures lies with the closely regulated product providers or the financial advisers who distribute the product is a perennial one in dealing with claims against financial advisers. Some of the highest profile claims against financial advisers – the AIG bond, Keydata and Arch Cru - are obvious examples, but the issue arises on many claims and is at the heart of what IFAs are doing every day when they carry out due diligence on products. Can you trust what product providers tell you?

Published in PFS Magazine, October 2013 issue

Competition Review

1 October 2013

The Competition Commission (CC) published its provisional findings in relation to its Private Healthcare Market Investigation on 28 August and 2 September 2013.

The investigation, which started on 4 April 2012 following a referral by the Office of Fair Trading, must be closed by 3 April 2014. Its main focus is on the interactions between consultants, hospital operators, patients and, where relevant, Private Medical Insurers (PMIs).

Published in Healthcare Market News on 1 October 2013.

Clinical Commissioning and the Francis Report

23 September 2013

The Francis Report is arguably the most influential report in recent years on the state and practice of the NHS. While it focuses on the sub-standard provision of care by Mid Staffordshire NHS Foundation Trust, the report also examines the role played by its commissioners in the resultant patient care failings.

Published in Health Service Journal on 23 September 2013.

Shutting the stable door

11 September 2013

Earlier this year, consumers, retailers and producer discovered an unwelcome ingredient in meat products and so the horsemeat scandal was born. It is still early days in terms of assessing the full cost of horsemeat claims, although early indications are that consumer claims may be modest. What this does do, however, is highlight the exposure and opportunities around supply chain risks.

Published in Insider Quarterly on 11 September 2013.

The corporate governance that came in from the cold

4 September 2013

In March 2013, EIOPA launched a public consultation on four draft Guidelines related to the preparation for Solvency II, covering among other things the area of System of governance. The purpose of the Guidelines is to support both national supervisors and insurers in their preparations for the Solvency II requirements, following EIOPA’s Opinion on interim measures issued in December 2012.

Published in Global Reinsurance on 4 September 2013.