Commercial Insurance
Find out more about DWF's Commercial insurance team
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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Enforcement of a foreign judgment: High Court upholds public policy defence
Helen Coates, who acted for the successful appellant, Laserpoint Ltd, looks at this rare example of the court in England upholding the public policy defence to prevent enforcement of a judgment of a…
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A charter for untruth?
On 20 July 2016, the Supreme Court handed down its judgment in Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and Others, dispelling the assumption that the…
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