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ARTICLE · 25 JANUARY 2022

The Weekly Roundup: The Meatloaf Edition

It was a sad week this week for the team; not only did we learn of Meatloaf's death, which left us reeling, but of the Court of Appeal's heartless approach to the human rights of insurers.

United KingdomLitigation, Mediation & Arbitration

It was a sad week this week for the team; not only did we learn of Meatloaf's death, which left us reeling, but of the Court of Appeal's heartless approach to the human rights of insurers. We've been following the progress of the insurer in Aviva Insurance Limited v Secretary of State for Work and Pensions [2021] 1 WLUK 101, in which it was argued that requiring employers' liability insurers to repay, under the Social Security (Recovery of Benefits) Act 1997, certain social security benefits irrespective of any contributory negligence by the person with an injury or disease, or of the insured's partial responsibility, was incompatible with the insurers' rights under Article 1 of Protocol 1 of the European Convention on Human Rights. Alas! The Court of Appeal did not agree. Dingemans LJ commented:

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