Higher premiums for renewing customers investigated by UK regulator

By Patrick Bracher (ZA) on January 26, 2020 Posted in Insurance

The Financial Conduct Authority in the UK has published an interim report of its market study into pricing of home and motor insurance. The FCA found that: Insurers often sell policies at a discount to new customers and increase premiums where customers renew, targeting increases at those less likely to switch. Longstanding customers pay more … Continue reading

Regulatory rules must be rational

By Patrick Bracher (ZA) on May 22, 2015 Posted in General

Public bodies performing administration functions such as the SA Pharmacy Council must give rational reasons for their decisions and have a factual basis for making the decision. Even a body with statutory powers to generally “do all such things as the Council deems necessary or expedient to achieve the objects of this Act” does not … Continue reading

Registrar’s practice directives are irrelevant to interpretation of the law

By Patrick Bracher (ZA) on January 28, 2015 Posted in Drafting tips

It is ultimately up to the court to determine the meaning of a statute. If the meaning of a law is clear and unambiguous, any other views expressed by a regulator, for instance in a registrar’s practice directive, are irrelevant to the proper interpretation of the statute. This was held in an interesting battle under … Continue reading