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  • Article

    A Reinsurer's Eye on Litigation Trends

    It is important for reinsurers to monitor litigation trends. Litigation costs are often ultimately picked up by reinsurers so it remains crucial for them to understand the changing landscape so as to accurately assess their risks and exposures.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Follow The Settlements? The Liability Of Insurers And Reinsurers To Contribute To A Settlement Payment

    When can an insurer be liable to contribute to a settlement which its assured has made with a third party?
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    A Chance, Ever So Small

    Claims relating to lost litigation are on the increase.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    AG’s Opinion: EU Law Precludes Anti-Suit Injunctions In Aid Of Arbitrations

    Advocate General opinion deals blow to anti-suit injunctions to restrain court proceedings in EU in breach of the arbitration agreement and holds that arbitral tribunals and the supervisory court do not have exclusive jurisdiction to determine the validity of arbitration agreements.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Prosecuting Insider Dealing - A Third Way?

    In the recent case of Securities and Futures Commission v Tiger Asia Management LLC & Ors [2011] HKEC 824 (the Tiger Asia case).
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Solicitors’ Duties To Third Parties – A Taxing Issue

    Does a solicitor owe duties of care to third parties when advising a client? This question was considered in the well-known House of Lords’ decision in "White v Jones".
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Going Rogue - An Important New Case on Dangerous Cargo.

    At 21.00 on Wednesday 7 July 2010, while off Port Klang, Malaysia, the Master of the 8,000 TEU containership, MV "CHARLOTTE MAERSK", reported a fire on the foredeck of the vessel. The vessel and her cargo were badly damaged by the fire which reached 1,000º C in some places.
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Basel II And Increased Cost Clauses

    Banks and borrowers should be considering the effects of Basel II on increased costs clauses now to ensure that appropriate action is taken with regard to loan and other finance documentation.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Employment Law: Without Prejudice?

    The without prejudice principle can be used to protect "off the record" discussions so long as a genuine dispute exists between the parties and the without prejudice communication is a true attempt to settle the dispute.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Equality Bill

    With the introduction of the Equality Bill looming, we highlight the key changes to the existing legislation.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Holiday Pay, Sick Leave and PHI Benefits

    A Scottish tribunal has held in Souter v Royal College of Nursing Scotland that an employee on long-term sick leave was not entitled to carry over her holiday to the following leave year and, in any event, because she had received the permanent health insurance (PHI) benefits she was entitled to, she had not suffered any loss.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Aviation Insurance: Acts Of Terrorism

    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Contract Certainty –A Market Driven Approach

    What implications will reform have on the ART (alternative risk transfer) market?
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Material Alteration To The Insured Risk

    At common law, an insurer faced with changed circumstances which materially alter the insured risk during the course of the policy is entitled to treat the insurance contract as automatically discharged. Earlier this year, the Commercial Court in Swiss Reinsurance Co v United India Insurance Co Ltd (2005) restated the important distinction between such a material alteration and a change in the risk which merely renders it more likely that a loss will occur, which will not entitle the insurer to
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Non-Disclosure Arguments For Construction Insurers? Consider Laker Vent First

    The Court of Appeal's decision in Laker Vent was handed down on 11 February 2009.
    United KingdomReal Estate and Construction
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Warsaw Article 25: Italian Decision

    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Footnotes – April 2011

    In United Company Rusal PLC and others v HSBC Bank PLC and others (2011) the court considered whether to make a Norwich Pharmacal order against the firm Debevoise & Plimpton LLP for disclosure of documents.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    National Bus: High Court Sanctions The Purchase Of Trustee Insurance Cover

    As described by Mr Justice Floyd, NBPF Pension Trustees Limited v Warnock-Smith (2008) was "all about the last knockings" of the two former occupational pension schemes of the National Bus Company.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Three Rivers: A Further Narrowing Of The Scope Of Legal Advice Privilege

    In this article we review the implications of the ruling for solicitors advising clients in circumstances where legal advice privilege may be a relevant consideration.
    United KingdomFinance and Banking
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    General Insurance Regulation - The Brave New World Of NEWICOB

    The FSA's recently published Consultation Paper sets out proposals for a wholesale redrafting of the Insurance Conduct of Business Rules ("ICOB"). The impetus for these proposals is twofold...
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP

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