Insurance Legislation By Helen Faulkner Legislative changes are bringing major changes to the Insurance landscape. This collection houses DAC Beachcroft's alerts on the pertinent issues.
The Insurance Act 2015 By Nick Young The Insurance Act 2015 comes into force in August 2016 and will represent a significant change to insurance contract law in this country. This collection provides practical advice and looks at various topics relating to the Act. You can save…
When are dangerous premises not defective premises? By Thomas Magee How many times have we heard, or indeed said, the words “the court will have sympathy for the Claimant”?
Cartel claims after Brexit – changes, implications and predictions By Laura Berry In December 2020 we explored the impact of the Supreme Court’s ruling in Merricks vs. Mastercard – an important judgment which could transform the landscape of UK class actions. We anticipate that the ruling will have a profound impact on would-be…
“Vnuk liability”: A line in the sand or a situation reversed? By Annabel Lingham 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 ‘vehicles’, including ride-on lawnmowers and mobility scooters ” a move which it states “ will…
Developments in Irish business interruption cover that UK insurers should be aware of - the long awaited FBD decision and its aftermath By Louise O'Reilly 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 handed down by Mr Justice MacDonald in the Commercial Court on 5 February 2021 provided not only…
Lemon & Duke case By Louise O'Reilly Background facts The case involved four pubs (three in Dublin, serving food and alcohol (the service of food being of relevance as it facilitated earlier re-opening) and one ‘wet pub’ outside Dublin) who had purchased policies with FBD. All of…
Passenger air rage: extraordinary circumstances under EU261 By Lorraine Wilson Air rage and passenger flight delay claims under EU261: cause and effect In the context of aviation law and specifically air passenger regulation, Brexit does not mark a stark departure from the status quo. From 1 January 2021, EU Regulations, to…
Claims Portal Company Data reveals that claim numbers continue to fall By Cassandra Mitchell 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! By Vladimir Rostan d’ Ancezune 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 écologique. Le législateur a alors organisé un régime de réparation, consolidant ainsi la jurisprudence…
Court of Appeal reaffirm a number of key fundamentals in litigation By Kate Sheppard 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 suffered by a minor at an ice rink where another patron had skated over her hand. The matter came…
Supreme Court clarifies arbitrator bias test and arbitrators' duty of disclosure By Lucy Dyson On 27 November 2020, the Supreme Court handed down its judgment in Halliburton Company v Chubb Bermuda Insurance Ltd . This is a very significant decision in the field of English and international arbitration, and provides an important clarification…
