Insurance claims and disputes

We've brought together a round-up of some recent litigation cases that may be of interest to you.

An application for pre-action disclosure can be a strategic means of flushing out information from the other side to support your claim. That is, if your gamble pays off.

The courts are becoming increasingly relaxed about how people sign their contracts. We’ve seen a variety of examples in recent years – a name typed into the bottom of an email, clicking an “I accept” box on a website and identifying information in the header of a SWIFT message. These reflect the realities of modern business, where most communications take place by telephone or electronically, and the people involved are often under time pressure to get things done.

Secret recordings of one kind or another have been with us for decades but the ubiquitous smartphone promises to revolutionise the way in which we determine disputes. Two recent cases illustrate the point.

On 2 July 2019, the Financial Ombudsman Service (FOS) opened a new consultation. It would like to see the proportion of the income it receives from case fees re-balanced in favour of a higher levy.

As all of us working in the world of professional indemnity insurance are acutely aware, mistakes are inevitable. No-one, however careful, is immune.

The recent Court of Appeal decision in Anderson v Sense Network provides clarity on a network’s responsibility for their Appointed Representative’s actions. This article considers the case and issues which may arise from it.

It is far from certain that Boris Johnson will be able to deliver on his promise to bring the UK out of the EU on 31 October “no ifs, no buts”. But as we explain, there are some relative legal certainties amid all the confusion.