Articles

Crossing the pond

By Andrea Lloyd

First published: Insider Quarterly

Divided by a common language we may be, but let’s not forget that the American and English legal systems also share common origins. Not surprisingly, then, there are many similarities, but they are certainly not the same. Just as transatlantic linguistic differences cause confusion, so do the legal differences – and they can be very costly.

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Successfully taking on the FSA

By Alexandrea Booth

First published: Insurance Day

24 November 2011

In what may prove to be an important decision, directors of an FSA-authorised firm have successfully taken the regulator to Court on an application for judicial review. The Courts had previously shown marked reluctance to allow such applications. Alex Booth explains.

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Rioters without a cause?

By Alexandra Booth and Rosalind Jones

First published: Post Magazine (www.postonline.co.uk)

23 August 2011

The dust may now be settling on the recent riots in England, but the debate about the legal implications for the insurance market has a long way to go. Ros Jones and Alex Booth look at some of the main coverage issues from the perspective of insurers, reinsurers and corporate risk managers.

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Scottish Lion – a flick of the tail

By Tim Goodger and Ed Stanley

First published: EM Website

5th February 2010

“We can see no basis…for the view that ‘creditor democracy’ operates only where ‘failure to agree would ruin it for all’.” The Lord President

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Rights of appeal from dispute resolution processes. What is final?

Author: Tim Goodger

First published: EM Website

18th November 2009

Parties should give careful consideration to the terms in re/insurance contracts and scheme of arrangements about the reviewability of dispute resolution decisions.

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Client trust accounts – can they be schemed?

Author: Tim Goodger

First published: EM Website

16th October 2009

Tim discusses the recent High Court decision involving Lehman Brothers International (Europe) which addresses the question of whether trust claims against a company (where it has constituted itself as trustee) can be the subject of a scheme of arrangement under Part 26 of the Companies Act 2006.

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