News

August 21, 2012

Interpretation of combined commercial policy wording

Ted Baker Plc v AXA Insurance UK Plc [2012] EWHC 1406 (Comm)

The claimant clothing retailer discovered that an employee had been stealing stock from its warehouse. The claimant claimed on its commercial combined insurance policy that it held with AXA, for losses during the period of 2004-2008 in relation to loss of stock (£1 million) and losses for consequential loss or business interruption (£3 million).

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May 21, 2012

High Court decision on the consequences of failing to undertake adequate e-disclosure

West African Gas Pipeline Company Limited v. Willbros Global Holdings Inc [2012] EWHC 396 (TCC)

The claimant company hired a contractor to carry out construction work on a natural gas pipeline in West Africa. The defendant company had provided a guarantee in relation to the contract. The contract was terminated prior to completion of the works, and the claimant issued proceedings under the guarantee seeking payment of the additional costs of completing the pipeline.

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May 8, 2012

Unfavourable expert reports – Prohibition on ‘Expert shopping’

Edwards-Tubb v JD Wetherspoon [2011] EWCA Civ 136

The claimant suffered an injury as a result of an accident at work, for which the defendant employer admitted liability.
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May 1, 2012

Keydata Claims

FSCS’s Lifemark action

The FSCS has paid out millions to consumers following the collapse of Keydata in June 2009.

In the last week it has instructed Herbert Smith to send letters to hundreds of IFAs relating to Lifemark products: the Secure Income Bond 4, Secure Income Plan 1 – 12 and Defined Income Plan 1 – 8, requesting early payment of claims. We understand that Herbert Smith will be sending similar letters relating to other products in the coming weeks.
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April 30, 2012

Mediation shouldn’t be seen as optional

High Court decision that highlights the importance of mediation
PGF II SA v OMFS Co 2012 EWHC 83 (TCC)

The claimant landlord claimed for dilapidations arising out of alleged breaches of the repairing covenants of an underlease, particularly in relation to the air conditioning system. (more…)

March 20, 2012

High Court decision on the recovery of “mitigation costs” under Professional Indemnity Insurance Policies

Standard Life Assurance Ltd v ACE European Group [2012] EWHC 104 (Comm)

The Claimant owned an investment fund containing a substantial proportion of asset-backed securities. Following the collapse of Lehman Brothers in 2008, the asset-backed securities became increasingly illiquid, making their valuation more and more subjective. (more…)