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  • Article

    Principal’s Remedies For Secret Commission

    The Supreme Court decided in FHR European Ventures v Cedar Capital that a bribe or secret commission accepted by an agent is held on trust for his principal.
    United KingdomCriminal Law
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    High Court Sanctions J.K. Buckenham Limited’s Scheme Of Arrangement

    On 27 June 2014, the High Court of Justice of England and Wales sanctioned the solvent scheme of arrangement made by J.K. Buckenham Limited and its Scheme Creditors pursuant to Part 26 of the Companies Act 2006 which was voted on and approved by the Scheme Creditors during the meeting held on 4 June 2014
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Insurance And Reinsurance Review – May 2014

    Welcome to the fourth e-edition of the Edwards Wildman Insurance and Reinsurance Review.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Mesothelioma Bill Becomes Law

    Following agreement by both Houses of Parliament, the Mesothelioma Bill received Royal Assent on 30 January 2014, becoming the Mesothelioma Act 2014.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Law Commissions Publish Draft Clauses To The Insurance Contracts Bill

    As part of their ongoing law reform project, the Law Commission and Scottish Law Commission have published a number of draft clauses relating to the Insurance Contracts Bill as part of a limited consultation.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Commercial Court Grants Summary Judgment In Relation To A Follow The Settlements Clause

    A defence raised by Novae that the underlying settlement was entered into without the insured having taken all businesslike steps had no reasonable prospect of success.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Law Commissions Publish Latest Draft Of The Insurance Contracts Bill

    We have previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Insurance Contract Law Reform – Insurance Bill Introduced To Parliament

    The Insurance Bill, introduced to Parliament on 17 July 2014, contains the latest proposals to revise the law in this area.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Court Of Appeal Rules A Limitation Fund Can Be A Guarantee As An Alternative To A Payment Into Court

    In KAIROS SHIPPING LTD & STANDARD CLUB LTD V ENKA & CO LLC & ORS, Karios sought a declaration that it was entitled to constitute a limitation fund.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    JK Buckenham Ltd Scheme Of Arrangement

    Edwards Wildman have been instructed to act for J.K. Buckenham Limited in relation to a scheme of arrangement which is the first of its kind.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    PPI (Saville v Central Capital Limited )

    In Saville v Central Capital Limited [2014] EWCA Civ 337, the Court of Appeal upheld an appeal brought by a couple provided with insufficient payment protection insurance (PPI) sold in breach of the Insurance Conduct of Business Rules (the ICOB Rules).
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Court Of Appeal Reverses Decision Of High Court And Rules That Consequential Losses Are Recoverable Under The Riot (Damages) Act 1886

    The Court of Appeal has handed down a landmark decision on the recoverability of consequential losses under s2(1) of the Riot (Damages) Act 1886.
    United KingdomLitigation, Mediation & Arbitration
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    FCA Imposes Record Fine For HomeServe’s Widespread Breaches Of FCA’s Principles Of Business

    The Financial Conduct Authority has fined HomeServe Membership Limited £30,647,400 for breaching several of the FCA’s Principles of Business.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Financial Conduct Authority Finds Insurance ‘Add-On’ Market Is Not Competitive

    The Financial Conduct Authority published the results of its market study into general insurance ‘add-on’ products.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Brazil U-Turn On Solvency II Equivalence

    In late January 2014, Brazil applied for Solvency II equivalence for its insurance solvency regime.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Financial Conduct Authority Increases Scrutiny Of The Insurance Sector

    The UK’s Financial Conduct Authority (FCA) has indicated that it is likely to exercise its competition functions in the insurance sector in the next few months, including by examining retirement annuities and insurance add-ons.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    The Association Of British Insurers Publishes Recommendations For The Financial Conduct Authority On Its Competition Remit

    The Association of British Insurers (ABI) has published guidance on the significance and potential implications of the Financial Conduct Authority’s (FCA) remit to promote effective competition and, from April 2015, enforce competition law under the Competition Act 1998.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Consumers’ Failure To Read Loan Documents Does Not Mitigate A Firm’s Obligation To Be Clear, Fair And Not Misleading

    In the case of Mr Figurasin, Mrs Palo-Figurasin v Central Capital and Paragon Personal Finance, the Court of Appeal dismissed Central Capital’s appeal.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    Technology And Construction Court Interprets Policy In Favour Of Insured

    In Robin & Barbara Bache and others v Zurich Insurance Plc [2014] EWHC 2430 (TCC), the court was asked to determine a preliminary issue concerning interpretation of a property development policy.
    United KingdomInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP
  • Article

    EIOPA Publishes Good Practices For Comparison Websites

    On 30 January 2014, EIOPA published its report on good practices for comparison websites, in response to EIOPA’s consultation on this topic.
    European UnionInsurance
    Edwards Wildman Palmer UK LLP
    Edwards Wildman Palmer UK LLP

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