The team's involvement has allowed them to provide specialist advice on the recent civil justice reforms. Their understanding of the claims environment underpins advice on commercial and regulatory issues in the "claims space", supporting in-house legal teams in this area - including advice on policy wordings and on the extent of compulsory cover in RTA, EL and PL policies.
Strategic Advisory provide advice on operational issues relating to insurers' claims business and also advise on commercial agreements, including drafting bi-laterals and contracts with legal suppliers.
Our team works with insurers on policy wording issues drafting RTA policies, including those to be designed for EVs, the gig economy and EL and PL policies. We also advise on coverage issues and the extent of compulsory cover for injuries.
Our team were closely involved in the creation of the OIC Portal and related rules. That involvement means they can provide specialist advice on the impact of the whiplash reforms and future civil justice reforms.
We have been involved in several litigated cases of strategic importance for the insurance market, including most recently Rabot v Hasam, the mixed injuries test case currently before the Supreme Court.
Our Strategic Advisory team are well placed, given their detailed understanding of future transportation issues, to provide commercial advice on this fast developing area.
- Rabot v Hassam and Biggs v Laditan
- Carroll v QBE Insurance (Europe) Ltd and others
Strategic Advisory advised the Association of British Insurers (ABI) and their members on the mixed injury test cases.
The team worked with the ABI and other stakeholders from claimant groups and the MIB to agree a framework agreement to get this issue tested in the Court of Appeal.
Once cases were identified in July 2022, the team sought and were granted leapfrog from the county court to the Court of Appeal and the test cases were heard in December 2022.
Judgment was handed down in January 2023 and the team worked with the ABI and its members and sought permission to appeal to the Supreme Court in February 2023. Permission having been granted, the cases are now listed to be heard on 20 February 2024.
This issue is of significant importance to the insurance industry. How to calculate an offer where there are both statutory and common law damages is an entirely novel point of law that needs clarity to ensure that such claims are appropriately settled and there is certainty that they have been.
Strategic Advisory acted for the 4th defendant in this matter. The claimant who had been on a night out in Liverpool hailed a black cab home. The taxi driver did not take him home, but stole his bank card and PIN and left the claimant alone, some 3 miles from his home.
The claimant while attempting to make his way home, fell from a motorway flyover and was catastrophically injured.
Proceedings were issued against the taxi driver (who had pleaded guilty to theft), the taxi owner and his insurers.
Preliminary issues were then considered:
1. Did the claimant’s injuries arise out of the use of the taxi on a road or public place within the meaning of section 145(3)(a) of the RTA?
2. Given the basis for the Court’s finding on the first question and, in particular, the relevance or otherwise of the 1st defendant’s deliberate criminal acts, does the insurance policy issued by the insurer to the 2nd defendant respond to the claimant’s claims in tort against the 1st and 2nd defendants if those claims in tort are proved?
We argued that the answer to 1 was plainly no and that therefore question 2 did not arise. The court held that this was plainly correct.
This case, together with the team's earlier case of AXN v Worboys were significant in ensuring that the established meaning of the phrase, "caused by, or arising our of, the use of the vehicle", in section 145 of the Road Traffic Act 1988 (RTA) was not extended.
Our Strategic Advisory unit was instructed to advise on the implementation of the MoJ's whiplash reforms and of the OIC Portal, click here to read more.
We provide specialist advice for insurance companies on the procurement and use of enterprise technology solutions, to include telematics, data analytics, and AI.Learn more
Aviation and aerospace
With significant global aviation expertise, we offer high-quality, specialist and cost-effective advice on any aviation-related insurance issues you face.Learn more
Civil Liberties, Public Bodies and Specialist Liability
With many years' experience acting for the public and private sectors in these complex, and sensitive areas, we offer expert advice across discrimination and Equality Act claims, abuse and social services claims, unlawful detention, and Deprivation of Liberty claims (DoLS).Learn more
Construction and Engineering Disputes
Our highly experienced global team delivers a consistent, quality claims experience across the full range of construction and engineering risks.Learn more
Contingency and Event Cancellation
As leading lawyers in the insurance sector, we can advise on any issues relating to contingency claims and event cancellation/non-appearance claims.Learn more
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Our Counter Fraud team is the most digitally advanced in the UK with huge strength and scale comprising of 100 lawyers in all UK jurisdictions.Learn more
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Our extensive experience from across the globe covers both financial institutions and commercial Director & Officers (D&O) matters.Learn more
Employment Practices Liability
Our market leading employment practice includes a specialist Employment Practices Liability (EPL) team who support UK and global insurersLearn more
As a firm with insurance at the heart of its business, we understand the regulatory challenges faced by insurers, brokers and distributors.Learn more
Our market leading team acts for primary and excess insurers and reinsurers in London, Europe, Bermuda and the US.Learn more
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As a full-service law firm with global reach, we are market leaders in all aspects of international personal injury.Learn more
Our specialist Legal Indemnities team advises on claims against all types of legal indemnity policies. We also provide a claims-handling service.Learn more
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Our marine, energy and transport insurance practice has global expertise to advise you with practical and commercially focused advice.Learn more
Our specialist insurance lawyers make up one of the largest national motor teams in the UK.Learn more
As a market leading specialist with a truly international platform, we advise the insurance sector on all product governance and policy wordings to help manage your risk.Learn more
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We advise on the physical and financial impact of political risk, from war and terrorism to nationalisation, confiscation, expropriation and deprivation.Learn more
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Our experts advise on all aspects of product liability, safety and recall and can help you manage the full range of risks involved.Learn more
Our leading professional liability team maintains an unparalleled reputation for protecting the interests of professional services firms.Learn more
We act for market leaders across sectors as diverse as commercial, residential, real estate, local authority, retail, hospitality, manufacturing, construction, energy and waste management. Our team is experienced in policy coverage disputes, subrogated recoveries, defence of property damage claims and reinsurance disputes.Learn more
With a unique position in the reinsurance market, as long-term trusted advisers for the insurance sector, we deliver innovative solutions with a commercial perspective.Learn more
Our strategic advisory team uniquely offers market insight on reforms together with commercial and regulatory advice in the claims space.Learn more
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Who we are
Why choose DAC Beachcroft?
We’re a broad-based commercial firm serving a wide range of sectors with a strong heritage in insurance,
health and real estate. We combine excellent legal skills and cutting-edge delivery expertise to design
solutions that fit the needs of our clients – often involving clever uses of technology.
DAC Beachcroft is recognised as a pre-eminent advisor to the insurance market, and we place a strong emphasis on the long-term relationships we build with you so that we can really add value to your business.Learn more
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DAC Beachcroft is regarded as market leaders in the provision of corporate, commercial and regulatory legal advice to healthcare providers.Learn more
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