Articles
By Tim Goodger and Ed Stanley
First published: Elborne Mitchell LLP Website
Although solvent schemes of arrangement in the insurance and reinsurance markets have suffered the occasional challenge in the Courts (e.g. Scottish Lion), they remain an important tool in helping bring finality to old books of business. Tim Goodger and Ed Stanley, partners of Elborne Mitchell LLP, comment on the developments in respect of Solvent Scheme of Arrangements in the re/insurance market since the ruling of the Inner House Court of Sessions in respect of the appeal by The Scottish Lion Insurance Company Limited, including the use of “opt-out” schemes to address the perception that creditors can be forced against their will to participate in a scheme by the majority vote and the exercise of creditor democracy.
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.
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.
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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First published: Post Magazine (www.postonline.co.uk)
23 June 2011
Medical breakthroughs have given new hope to people who have been paralysed or had amputations as a result of accidents, but will these advances add to the already burgeoning costs of personal injury? Tim Brentnall of Elborne Mitchell says the legal implications could prove very costly for insurers.
By Timothy Brentnall and Alexandra Booth
First published: Insider Quarterly
8th June 2010
Each age has its zeitgeist. For the empire-building Victorians something robust like “caveat emptor” seems appropriate. For today? Something altogether more touchy-feely: “sustainability” and “transparency” perhaps.
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