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 […]

Chelton v Acromas Holidays Ltd t/a Saga – Success for Emma Bond of Hextalls in Taunton County Court

Emma Bond of Hextalls acted for Saga, successfully defending this case to trial at Taunton County Court, instructing James Candlin of 12 King’s Bench Walk to appear at trial on behalf of Saga. Recorder Browne-Wilkinson dismissed the claim in December 2016, finding for the defendant. Its outcome illustrates that there is no substitute for proper […]

Claims Culture (has the bubble burst?) and the use of surveillance evidence in personal injury cases – is this the tide changing?

When I first sat down to write this is article a few weeks ago I was intending to direct my thoughts to situations when it might be useful (within personal injury litigation) for defendants to consider obtaining surveillance evidence. I am not intending to write an exposition on the admissibility or even the legality of such evidence which I think is familiar territory for most of us.

Comments on Thomas Cook and the tragedy of Bungalow 112 in Corfu

Alex Padfield was recently quoted in The Times legal section concerning this sad affair, and the obligations of parties such as Thomas Cook in the circumstances.

How to “Stress Test” Psychiatric Claims in the Workplace

The last few years have seen a tremendous rise in claims for psychiatric injury caused by alleged stress in the workplace. A labour force survey in 2014 revealed that there are 487,000 cases of work related stress, depression and anxiety and this included 244,000 new cases.

David Hadfield of Hextalls reviews recent insurance related decisions

There is no doubt that in the right case an application by an insurer for a court declaration of non-liability under a policy can be a practical and useful answer to a coverage dispute. This case, although giving valuable guidance on Public and Products liability policies, illustrates the potential perils in making such an application.

Qualified One Way Costs Shifting – 2 Years On

Two years on from the introduction of QOCS Nick Padfield considers two reported cases of note concerning different aspects of the regime where there is either a loss of QOCS protection or simply no protection from the outset.

Proposals for a new Package Travel Directive: Performance of the Package

Alex Padfield examines Articles 11 – 14 of the new proposals which concern matters currently dealt with by Regulations 14 and 15 of the Package Travel Regulations 1992.