Schemes: the creditors' perspective

Timothy Goodger (Partner) provides a reminder why creditors’/policyholders’ interests must not be overlooked for schemes.

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Re-start: the FCA sets out its stall for the forthcoming months and into 2021

Timothy Goodger (Partner) outlines the FCA's plans for the coming months.

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Covid Claims – What happens to third party claims when an insured company goes bust?

Timothy Goodger (Partner) discusses what happens to third party claims when an insured company goes bust.

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Personal Data in a Post-Brexit World

Kate Payne (Partner) outlines the repercussions of storing and sharing personal data from 1st January 2021, when the UK loses it's EU member status.

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Covid Claims - Enforcing Foreign Arbitration Awards in the UK

Andy Stevenson (Partner) provides guidance on enforcing foreign arbitration awards in England and Wales.

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Curtailing the rule on ‘Reflective Loss’. A victory for creditors. A headache for D&O?

Partners Tim Brentnall and Alex Booth discuss the judgement in the case of Sevilleja v Marex Financial.

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The City - A Changed Landscape Post Lockdown!

The employment team consider the issues facing employees returning to the office post lockdown.

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Don't Worry We've Got Ages Yet!

Andy Stevenson (Partner) looks at the recent Towergate Financial v Hopkinson case and the obligation to notify claims a post-pandemic world.

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High Noon or Off the Hook?

Following up on their recent article on business interruption and reinsurance recoveries, Tim Brentnall and Alex Booth look at potential heads of loss, in particular damages for late payment of claims.

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"But I'm Innocent!"

Tim Goodger (Partner) and Alex Akin (solicitor) look at whether ‘innocent non-disclosure clauses’ have a part to play in commercial insurance claims-handling in a post-COVID-19 world, examining the recent case of UK Acorn Finance Ltd v Markel (UK) Ltd.

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Covid-19 and Business Interruption Insurance - time to leave the mothership

Partner David Murphy considers the way forward for business interruption insurance in light of Covid-19 claims, and asks whether it is time to move on from the link to "Damage" and out of the shadow of property insurance.

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Sanctions: UK Government announces first ever EU/Iran INSTEX transaction

From our Sanctions Team - Insurers and brokers looking for chink of light amongst the current doom and gloom might be cheered by news that the EU has completed its first ever INSTEX transaction with Iran.

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Summary - Morrisons’ Supreme Court Decision

From our Employment Team - Good fortune for Morrisons! The Supreme Court rules in favour of employers on vicarious liability and personal data. A note from the Employment Team at Elborne Mitchell summarises this important recent decision.

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Forcing insurers to pay claims? Will reinsurance be triggered?

Senior partner Tim Brentnall and partner Alex Booth review what existing legal decisions tell us about the English law approach to reinsurance recoveries when insurers are forced to pay claims and whether there are any past parallell situations.

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Coronavirus Job Retention Scheme

Kate Payne, partner, and Melanie Cotton, Senior Associate, review the newest buzz work 'Furlough' and the new government scheme.

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Covid-19 impact on commercial contracts

Timothy Goodger, partner, discusses the concepts of force majeure and frustration in English law as well as circumstances in which parties might be discharged from their obligations in commercial contracts in the context of the Covid-19 pandemic.

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Coronavirus Claims - Will the regulators intervene?

Alexandra Booth, partner, delves into the responses of insurance regulators and what we can anticipate in response to COVID-19 claims.

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Briefing: Senior Managers & Certification Regime (SMCR) – Application to Insurance Intermediaries

Alexandra Booth, partner, briefs us on the new Senior Managers & Certification Regime (SMRC) which will apply to insurance intermediaries from 9 December 2019.

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Can the Court re-write the contract?

David Davies, trainee solicitor, examines Persimmon Homes Ltd v Hillier, a case when the Court ‘rectifies’ a contract where the terms of the contract do not reflect what was actually agreed.

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Insurance Brokers’ Duties: Due diligence on insurers

Tim Goodger, partner, discusses the duties of insurance intermediaries in the context of the security for contracts of insurance and the renewed focus of the FCA in this area, as well as the implications of intermediaries using standard TOBAs when an insured may have no recourse to the FOS or the FSCS Scheme.

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Unlucky or Unclear?

Tim Goodger, partner, comments on the FCA’s Final Notice in the matter of One Call Insurance Services Limited regarding the treatment of money received from premium finance in the context of the CASS 5 client money rules for insurance intermediaries.

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The privileges of instructing a lawyer

In this article, Constantine Porfyratos, trainee solicitor, and Tim Goodger, partner at Elborne Mitchell LLP discuss various aspects and safeguards as well as key elements of types of legal privilege.

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Mediation – points to consider

Tim Goodger, partner, and David Davies, second year trainee, discuss mediation and points to consider.

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CASS 5 – 10 things to consider

Tim Goodger, partner of Elborne Mitchell LLP, comments on current issues he believes insurance intermediaries need to focus on when dealing with CASS 5 client money rules.

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Non-party costs orders for uninsured costs: Are insurers now liable?

By David Davies
Insurers of defendants risk being liable for the costs of claims whose claimants are not covered under an insurance policy.

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