Many an insured has come unstuck in pursuit of an insurance claim by finding themselves in breach of a “claims cooperation” clause in their insurance policy. Almost invariably framed as a condition precedent, these are clauses which require the insured to cooperate with insurers in, amongst other things, the provision of information following events giving rise to a claim. Continue reading

REUTERS | Hazir Reka
September 11, 2017
Claims cooperation clauses: some limited leeway for insureds?

REUTERS | Jason Redmond
September 7, 2017
Application for payments on account of costs
I am tasked specifically within our firm to deal with cash flow. An important part of that role is to ensure that we get money in as soon as possible on conclusion of a case.
In recent years I have seen a shift in balance and attitudes towards payments on accounts of costs. There are now fewer challenges by paying parties as to whether a payment should be made; now, it is much more about how much should be paid. Continue reading

REUTERS | Mohamed Nureldin Abdallah
September 5, 2017
Security for costs strategy: the Catalyst for success
One way of mitigating your client’s cost risk in litigation it is defending is to consider making an application for security for costs. Continue reading