The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants. Continue reading
On 18 May 2016, Practical Law Dispute Resolution hosted an insurance breakfast briefing, Insurance Act 2015: minimising the risk of disputes. The speakers were Tony Dempster, partner in Herbert Smith Freehills’ insurance and reinsurance disputes group, and Sarah Irons, professional support lawyer at Herbert Smith Freehills. Continue reading
A crucial part of any agreement recording the settlement of a dispute is the description of the releases being given by one or both parties as part of the settlement.
A key issue for the parties to consider is whether the releases should extend to future claims and, in particular, claims that are unknown at the time of the settlement (either because the facts giving rise to the claim have not yet occurred or, more commonly, because they have occurred but the claimant is not aware or not fully aware of them). Continue reading