Download Liability Brief - Kennedys

(including EL/PL claims), together with a greater emphasis on alternative
dispute resolution.
Credit hire judgments – including the ongoing saga relating to the
reasonableness or otherwise of “basic hire rates” in motor cases (Bent v
Highways and Utilities Construction Ltd and Allianz Insurance [2011]) and
restrictions on recoverability of interest on credit hire charges (Pattni v First
Leicester Buses Ltd [2011]). (links to http://www.kennedyslaw.com/casereview/basichirerate/
and http://www.kennedyslaw.com/casereview/pecuniousclaimant/)
Law Commission consultation on insurance law – a consultation has just been
launched, covering issues such as whether an insured should receive damages
for late payment of a valid claim, insurers’ remedies for fraudulent claims,
clarification of the principle of insurable interest and policies and premiums in
marine insurance. Responses are due by 20 March 2012.
Taylor Review: expenses and funding in civil litigation in Scotland – this is
Scotland’s equivalent of the consultation on the Jackson reforms. Responses are
due by 16 March 2012.
MoJ consultation on court fees in the High Court and Court of Appeal – with
responses due by 7 February 2012, this consultation looks at reforming the fee
structure in expectation of a situation where the High Court and Court of
Appeal focus on the highest value and most complex disputes, as a result of the
ongoing reform of the civil justice system.
In short, expect to hear a lot more from FOIL (and Kennedys) in the coming
months!
For further information please contact Rachel Moore on +44 20 7667 9221 or email
r.moore@kennedys-law.com.
Lies, lies and damn lies
With Summers v Fairclough Homes Ltd being heard by the Supreme Court in April
2012, we consider whether the nature of the fraud game is changing and ask the
question: what will become of the lying claimant?
Insurers are lied to. Whether in first party claims on a policy or by a third party
claimant, it is a sad reality they face everyday. As insurers fight fraudulent claims
and exaggeration, the message from the courts remains mixed. The duty of good
faith has allowed insurers to repudiate first party claims in full, but the courts have
not so far been willing to apply the same principle to a dishonest third party
claimant.
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