Commercial Insurance
Find out more about DWF's Commercial insurance team
Ships in the Night – A Cautionary Tale
Laurie Clay and Sheona Wood review the recent Technology and Construction Court decision in Bank of Ireland v Watts Group PLC [2017] EWHC 1667 (TCC) concerning the duty of care owed by a quantity…
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The Next Generation – Key Changes for the NEC4 Future
The new generation of the NEC suite of documents is here. Published on 22 June 2017, and 12 years since the NEC3 suite was launched, Hannah Newman considers the key changes and implications of the…
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A Matter of Record
Drawing on her experiences in recent trials, Joanne Staphnill and Sarah McKay consider the implications for professionals and their insurers of the trend towards greater use of telephony recording…
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Court of Appeal allows RTA claim to proceed against unidentified driver
The Court of Appeal has ruled that the victim of a road traffic accident can bring proceedings against an unidentified driver of an identified vehicle. Nicola Dunk examines the implications arising…
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"Fair and Reasonable" - FOS Discretion
Alexia Drew and Jonathan Hyde review a recent decision in which the High Court has affirmed that whilst the Financial Ombudsman Service is not obliged to follow relevant law when exercising its…
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Is the FCA seeking to introduce minimum terms for IFAs by the back door?
The FCA has released a consultation paper on its review of the funding of the Financial Services Compensation Scheme ("FSCS"). The consultation has put forward some interesting and significant…
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Department for Transport publishes Vnuk consultation on options for amending domestic insurance law
Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…
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A "Holistic" Approach to Defect under the Consumer Protection Act 1987
On 6 December 2016, in Wilkes v DePuy International Limited, the High Court gave judgment on the question of ‘defect’ in relation to metal-on-metal hip prostheses, managed under a group litigation…
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Futile devices – the Court’s approach to anti-oral variation clauses
All manner of contracts contain clauses to the effect that the contract in question represents the entirety of the terms agreed by the parties. Such clauses are often supplemented by clauses which…
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The soft market in general insurance: is a capacity-cull or evolutionary extinction coming?
Last month, the Prudential Regulation Authority (“PRA”) produced a number of publications addressing the state of the general insurance (“GI”) market, and what consequences might flow from a major…
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