Articles - DAC Beachcroft

Articles

Insurance

 

“Vnuk liability”: A line in the sand or a situation reversed?

“Vnuk liability”: A line in the sand or a situation reversed?

The Government has announced plans “to bin the EU’s ‘Vnuk’ motor insurance law – which requires insurance even on private land for a wider range of ‘v ...

Passenger air rage: extraordinary circumstances under EU261

Passenger air rage: extraordinary circumstances under EU261

Air rage and passenger flight delay claims under EU261: cause and effect In the context of aviation law and specifically air passenger regulation, Bre ...

Developments in Irish business interruption cover that UK insurers should be aware of - the long awaited FBD decision and its aftermath

Developments in Irish business interruption cover that UK insurers should be aware of - the long awaited FBD decision and its aftermath

With many policy disputes dealt with behind the closed doors of arbitration and a dearth of judicial guidance on coverage in Ireland, the FBD decision ...

Claims Portal Company Data reveals that claim numbers continue to fall

Claims Portal Company Data reveals that claim numbers continue to fall

The figures from the Claims Portal Company to December 2020 shows a continuing decline in claim volumes. 

Le Tribunal administratif de Paris retient la responsabilité de l’Etat du fait d’un préjudice écologique pour inaction climatique!

Le Tribunal administratif de Paris retient la responsabilité de l’Etat du fait d’un préjudice écologique pour inaction climatique!

C’est par la loi n° 2016-1087 du 8 août 2016 pour la reconquête de la biodiversité, de la nature et des paysages qu’a été consacré le préjudice écolog ...

Update on Legal Professional Privilege – Businesses Take Caution!

Update on Legal Professional Privilege – Businesses Take Caution!

There has been another twist to the tale of Legal Professional Privilege (“LPP”). A recent UK Supreme Court appeal decision has provided an important ...

Court of Appeal reaffirm a number of key fundamentals in litigation

Court of Appeal reaffirm a number of key fundamentals in litigation

Briefly, the case of Naghten (A Minor) v Cool Running Events Ltd concerned a claim for compensation in respect of a hand injury. The injury had been s ...

Supreme Court clarifies arbitrator bias test and arbitrators' duty of disclosure

Supreme Court clarifies arbitrator bias test and arbitrators' duty of disclosure

On 27 November 2020, the Supreme Court handed down its judgment in Halliburton Company v Chubb Bermuda Insurance Ltd. This is a very significant decis ...

Is the Employment Tribunal a Court?  Insurers can be named in Employment Tribunal proceedings in place of insolvent insureds

Is the Employment Tribunal a Court? Insurers can be named in Employment Tribunal proceedings in place of insolvent insureds

The Court of Appeal has held that the meaning of “court” in the context of Third Parties (Rights against Insurers) Act 2010 (“the Act”) includes an Em ...

Abusive Collateral Attack in a civil context: The Test

Abusive Collateral Attack in a civil context: The Test

The Court of Appeal’s recent decision in Terry Allsop-v-Banner Jones Ltd, Rae Cohen has clarified the test to apply in cases where a party seeks to st ...