The drive for contract certainty has been described by the press and the Market Reform Group as, broadly, a success.

This article considers the issues for (re)insurers to bear in mind when dealing with claims arising out of the recent Latin American earthquakes.

The reinsurance market is ever changing as it seeks to deal with the needs of its clients, the restraints imposed upon it by the economy and the challenges created by losses.

Having scrutinised the doctrine of "insurable interest" the Commissions ask indemnity insurers whether there is, in fact, any continued need for this doctrine.

Following hot on the heels of modernising amendments made to Singapore's International Arbitration Act ("IAA") at the beginning of last year, the SIAC published a new set of rules earlier last summer (the "Rules").

The latest development in the long-running Akzo case suggests that attempts by in-house lawyers to secure the protection of legal professional privilege ("LPP") in relation to EU competition law are unlikely to succeed, following an opinion handed down by Advocate General Kokott ("AG") on 29 April 2010.

A further limitation decision which is good news for professionals and their insurers has recently been made.

The traditional English approach is to hold the parties to their bargain, and grant an injunction in favour of the agreed jurisdiction or arbitration provision. This has contrasted sharply with the position adopted by the European Court of Justice (ECJ)

Regulation 44/2001 has recently been the focus of the European Parliament's attention and has resulted in a Resolution addressing a number of areas that may need improving.

Causation defences are often an important defence in claims against solicitors. In our experience, the consequences of the error may be conveniently overlooked by claimants in the rush to claim compensation. However, the Court of Appeal recently made some surprising findings in this area.

On 22 September 2009, the Office of Fair Trading (OFT) brought its five year investigation into bid-rigging in the construction industry to a conclusion, imposing fines of £129.5 million on 103 contractors.

We reported, in the last edition of the Property Professionals’ Liability briefing, on some of the key recommendations made by Sir Bryan Carsberg following his review of the regulatory regime of RICS. In this article we focus on one of those proposals, that is the move towards principles-based regulation, in respect of which RICS has firmly grasped the nettle.

A recent decision in France has reversed a trend, begun in the case of Pakistan International Airlines v Ms Kunze Bejon in 1997, by which the French Courts had been able to assert jurisdiction over air carriers even in the absence of one of the jurisdictions available under the Warsaw Convention jurisdiction.

In a significant judgment arising out of Gulf of Aden piracy, the Commercial Court rejected the proposition that capture by pirates automatically gives rise to a total loss of the insured property.

Once the right to damages under MC99 is extinguished it cannot be resurrected by the application of a Civil Procedure Rule.

On 27 May 2010, the High Court in London agreed to refer to the European Court of Justice (ECJ) a legal challenge on the lawfulness of the extension of the EU Emissions Trading Scheme ("EU ETS") to aviation.

Court upholds onerous liquidated damages clause triggered by termination of a yacht building contract.

A term that goods are to be of a satisfactory quality not only when delivered but also for a reasonable time thereafter is implied into FOB contracts.

There could scarcely be a better example of meteorological conditions incompatible with the operation of flight than the effects of volcanic explosions resulting in blanket international flight bans affecting every airline.

In a recent judgment arising out of Gulf of Aden piracy, the Commercial Court rejected the proposition that capture by pirates automatically gives rise to a total loss of the insured property.