Relevant Articles
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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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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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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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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Author: Tim Goodger
First published: mEMo 39
8th October 2009
The implications of the judgment in Re Global Trader Europe (Limited) In Liquidation are highly significant for the insurance industry and, in particular, dealings with insurance intermediaries and should not be underestimated.
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Author: Tim Goodger
First published: Elborne Mitchell website
17th September 2009
Tim Goodger looks at the recent decision on the hearing of The Scottish Lion Insurance Company Limited’s application for the sanction of a solvent scheme of arrangement
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Authors: Tim Brentnall and Andrew Stevenson
First published: Elborne Mitchell website
22nd May 2009
Elborne Mitchell Solicitors look at what we’ve learnt about the convicted fraudster and his giant Ponzi scheme in the six months since the story broke.
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Author: Rosalind Jones
First published: Elborne Mitchell Website
13th January 2009
Rosalind Jones considers whether the Court of Appeal’s recent decision in the important case of HLB Kidsons v Lloyd’s Underwriters provides the insurance market with any useful guidance on the law applicable to notifications of claims.
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Authors: Jonathan Bruce and Andrew Stevenson
First published: Post Magazine
18th December 2008
AIRMIC’s new voluntary scheme to reduce the use of Reservation of Rights will benefit all parties, but only if they approach it in the intended spirit.
Author: Kate Payne
First published: Post Magazine
22nd November 2007
The recent Appeal Court judgment involving a team of brokers who jumped ship from Marsh to join a rival has ramifications for anyone making a similar move - and also for their employers.
Author: Kate Payne
First published: Business Insurance
30th July 2007
Kate Payne was recently involved in obtaining an injunction on behalf of three former Marsh employees which prevented Marsh and McLennan Cos. bringing an action against them in New York. She talks to Business Insurance Europe about insurance litigation.
First published: Shipping & Trade Law
1st February 2007
This is the question confronted first, by an experienced LMAA tribunal and then, on appeal from the arbitration award, by Christopher Clarke J. in a time charterparty dispute involving Transfield Shipping (the charterer) and Mercator Shipping (the shipowner) in Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia [2006] EWHC 3030 (Comm).
Author: Tim Goodger
First published: Elborne Mitchell website
5th May 2006
Tim Goodger discusses applications opposing the convening meeting of creditors for solvent schemes of arrangement.
First published: Continuity Insurance & Risk Magazine
1st June 2004
Article explaining how changes to the law in the wake of two recent Employment Tribunals have made a significant impact on the bonus culture in the City.
First published: Shipping & Trade Law - Vol 2, No 5
1st September 2002
This article reviews the judgments and orders in Agapitos & Another -v- Agnew & Others ( The "AEGEON").
First published: Insurance Day
14th August 2002
Article comparing the UK claims procedures by policyholders against an insolvent insurance or reinsurance company to those in other jurisdictions.
Author: Tim Brentnall
First published: IQ
1st June 2002
With reinsurance arbitrage under examination in the High Court (SCB/Odyssey Re), Tim Brentnall reviews the legal background.
First published: Insurance Day
8th May 2002
Following an unusual Court of Appeal decision, this article looks at how far employees can go in preparing to compete with an employer.
First published: Shipping & Trade Law - Jan/Feb 2002
1st January 2002
Vinmar International Limited and others -v- Theresa Navigation SA saw shipowners run a rather unsual defence to a cargo claim and the judgment offers useful guidance on causation where there may be more than one potential 'cause' of the loss.
Author: Tim Brentnall
First published: Insurance Insider
1st November 2001
The recent Aneco -v- Johnson & Higgins judgment increases brokers' liabilities in the event of negligent advice. Tim Brentnall argues that the decision is flawed.
Author: Tim Akeroyd
First published: Insurance Day
28th June 2001
Tim Akeroyd's article reflects on the fact that from his experience and involvement in major reinsurance disputes, there is still a great similarity in disputes of today as of the 1970s.
9 March 2001
Vinmar International Limited and others -v- Theresa Navigation SA ('THE ATRICE') Commercial Court (Tomlinson J)
First published: Lloyd's List P&I Special Report
27th January 2000
Article looking at the important question of the extent of a negligent valuer's liability in damages, in particular the liability for losses due to a substantial deterioration in market conditions since the negligent over-valuation.
First published: Post Magazine
26th June 1997
The guiding principles for the start dates of limitation periods on reinsurance contracts and the need for re-insureds to take a proactive approach to avoiding time-barred claims.