Hextalls welcomes Mark Brenlund

Hextalls Law is delighted to welcome Mark Brenlund to the firm. Mark joins us from Weightmans, where he has built up a significant reputation as a liability insurance specialist. Mark brings a wealth of experience with him having over 25 years experience. He focuses on casualty and cyber policies and assists clients with coverage issues […]

Vicarious liability (again): the brakes are on

Justin Clayden considers the recent decisions on vicarious liability. In the last two years there have been a number of reported decisions touching on aspects of vicarious liability and following a potential broadening of the traditional applicable principles both to the actions of tortfeasor employees and independent contractors. The Supreme Court has recently reviewed the […]

Happy 4th Birthday – The Third Parties (Rights Against Insurers) Act 2010

On the 1 August 2020 it will be 4 years since the Third Parties (Rights Against Insurers) Act 2010 (“the Act”) came into force. At the time commentators hailed the event as something of a new dawn for successful claimants seeking to enforce judgments against the insurers of insolvent defendants; as we shall see, however, […]

Exercise of discretion in insurance contracts

David Hadfield discusses the exercise of discretion in insurance contracts.   It is common for the terms of commercial contract to permit one of the parties to withhold consent for the other party to do something or to provide that a party to the contract has the power to make a decision that affects the […]

Focus on disclosure and legal professional privilege

Justin Clayden and David Hadfield discuss recent decisions. Judging by the number of reported cases over the last 24 months, the issue of privilege from disclosure is alive and well, with two Court of Appeal decisions in particular exciting attention.[1] Truth be told, neither decision really resulted in any new law but the second of […]

Recent decisions on vicarious liability

Justin Clayden discusses various recent decisions on vicarious liability. In the last year there have been a number of reported decisions touching on aspects of vicarious liability that are helpful reminders of the relevant principles of vicarious liability, and the extent to which those principles have been broadened in recent years from the original tortious […]

Campbell v ST&H Ltd – Emma Bond of Hextalls succeeds in striking out a claim under the Equality Act.

Emma Bond of Hextalls acted for ST&H Ltd trading as Saga in relation to a claim brought under the Equality Act 2010. The claimant, Mrs Campbell (who previously had taken Thomas Cook to the Court of Appeal) claimed that she had been discriminated against by Saga when she purchased a river cruise called “Amsterdam and […]

Significant Decision on Legal Expenses Cover under Liability Policies

Enterprise Insurance PLC sub nom Frederick David John White v Ozon Solicitors Ltd (3 February 2017) This decision – the first one we know of on the issue – gives important guidance on the interplay between liability insurers’ rights to manage the defence of a civil claim under a liability policy and the rights of […]

David Hadfield discusses the Court of Appeal decision in Zurich Insurance PLC v Maccaferri Ltd EWCA Civ 1302

This Court of Appeal decision concerned the interpretation of a claims notification condition in fairly standard terms. The decision underlines the need for insurers to both understand the law and get their drafting right. Zurich insured Maccaferri under a PL/Products policy against accidental death and personal injury. It contained a condition precedent requiring the insured […]

Wendy Mayes discusses the recent case of Edwards v Sutton LBC EWCA Civ 1005

The issue of an occupier’s liability and its duty to protect visitors against an obvious danger was considered by the Court of Appeal in the above case. The Local Authority appealed a decision that it was primarily liable under the Occupiers Liability Act 1957 in respect of serious injuries sustained by the Claimant. Mr Edwards […]