The new implied term to pay valid insurance claims within a reasonable time represents a significant change in insurance law, which is likely to have a real impact on the manner in which claims are handled by all parties involved. Continue reading →
From 4 May 2017 insurers have been under a duty to pay valid insurance claims within a reasonable time. If they fail to comply, they may be liable to pay damages to an insured who has suffered additional losses as a result of the delay in payment. This obligation only applies to insurance and reinsurance contracts taken out, varied or renewed from 4 May 2017. Continue reading →
The introduction of cost budget discussion reports appears to have given rise to a new area of tactical game playing by litigators. Coulson J has issued a stern warning to parties who seek to engage in such games by putting forward unrealistically low figures for the opposing party’s costs and, in a recent case, wholly disregarded a defendant’s budget discussion report because it was considered unrealistically low. Continue reading →
Whilst it is always satisfying to win at trial, there is little which darkens the mood more than learning that your vanquished opponent is, in fact, impecunious and unable to pay your costs. The good news is that, depending on the circumstances, you could seek an order that a non-party pays the costs of the action ordered against the main opponent. Often, this will be a director of a company which, it transpires, has no assets with which to meet a costs order. Continue reading →
2016/17 will be forever associated with elections across the globe and all that has come with them: “fake news”; hacks; leaks; U-turns; polarisation; and polls that have been, time after time, proven to be incorrect.