In this judgment, Berkshire Assets (West London) Limited v AXA Insurance Plc [2021] EWHC 2689 (Comm) the insured sought to recover an indemnity pursuant to a Contractors’ All Risks and Business Interruption policy.
The insured denied liability and avoided the policy alleging that the insured failed to disclose the admitted fact that one of its
Anyone who is a significant owner of a financial institution is required by Joint Standard 1 of 2020 to have in place procedures for assessing and attesting to fitness and propriety by 1 December 2021. This must thereafter be done on an annual basis and on written request by either Authority.
In this judgement, the English high court decided that the insurer was entitled to avoid an employer’s liability insurance policy on grounds of material non-disclosure and misrepresentation. The insurers had shown that the facts misrepresented or not disclosed would have influenced the mind of a reasonably prudent underwriter in exercising their underwriting judgment as
This judgement considered the interesting question of legal professional privilege, the rights of successors in title, and joint retainer privilege.
The insured and the insurer jointly engaged attorneys to act on their behalf in relation to various claims relating to cosmetic surgery and the use of silicone breast implants. The attorneys were appointed to act
In a case where the Supreme Court of Appeal found that section 25 of the National Water Act, 1998 (NWA) permits the transfer of water use entitlements subject to a licence being granted to the transferee by the Minister, the court made some important observations about the transfer of government-granted rights generally.
The NWA abolished
This UK court of appeal judgment Lord Bishop of Leeds v Dixon Coles & Gill [2021] EWCA Civ 1211 considered whether claims arising from one series of related acts or omissions could be aggregated. The insured, an attorney’s practice, held a professional indemnity policy with a limit of indemnity for one claim of £2 million.
In order for a representative to be debarred, there must be non-compliance by the representative or the key individual of the financial services provider with, amongst other things, the “fit and proper” requirements of the FAIS Act.
The fit and proper requirements are measured against a number of categories including those of personal character qualities
This blog was co-authored by: Bwanika Lwanga, Candidate Attorney
In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control.
This judgment Re Murray (deceased) Crummer v AAI Limited ABN 2020 QSC 155 dealt with the meaning of a householder’s liability policy exclusion for liability for death or injury of anyone who usually lives at the insured address.
The court said that the phrase “anyone who usually lives at the insured address” appeared
This November 2021 Constitutional Court judgment contains a useful review and analysis of when it is appropriate to award constitutional damages.
In terms of section 38 of the Constitution, a court may award damages for a violation of rights in the Bill of Rights.
Section 38 refers to the granting of “appropriate relief”.