ADRmediation

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Artículos Recientes

  •  
    05/06/2024
    United Kingdom

    Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd

    In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance of probabilities that a putative insurer would in fact have indemnified the claimant. Rather, the Court’s assessment of causation and loss needs to involve consideration of the ‘loss of chance’ aspect including whether the putative insurer would have engaged in dealing with the underlying claim against the claimant and whether it would have provided an indemnity of some sort.BackgroundNorman...
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  •  
    29/05/2024
    International

    The SIAC Annual Report 2023 – key takeaways in year of growth and record caseload

    In April 2024, the Singapore International Arbitration Centre (“SIAC”) published its Annual Report 2023, recording another year of high caseload and usage of the institution’s services across a broad and diverse geography of jurisdictions.We summarise some of the important highlights from the Report and share our key takeaways.Increase in CaseloadSIAC recorded its second highest caseload since its inception with 663 new cases filed in 2023, comprising 640 (97%) SIAC-administered cases, with the remaining 23 cases (3%) being ad hoc appointments. This represented a significant increase...
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  •  
    30/04/2024
    United Kingdom

    Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple claims in one claim form

    The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to bring their claims on a single claim form.BackgroundIn Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376, the defendant applied to strike out the claim form on the grounds that it was an abuse of process, or was an obstruction to the just disposal of the proceedings, or otherwise that the claim form did not comply with CPR 7.3.CPR 7.3 provides that “[a] claimant may...
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  •  
    04/04/2024
    England and Wales

    Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

    In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...
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  •  
    20/03/2024
    United Kingdom

    Court of Appeal determines costs budgeting issue in personal injury claims - Hadley v Przybylo

    The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant to anyone handling catastrophic injury claims (including med mal), in particular, where lawyers are attending multi-disciplinary team meetings and costs budgeting applies.In summary, this case questioned the recoverability of legal costs for lawyers to attend case management meetings with medical and other professionals whilst supporting a personal injury Claimant’s rehabilitation,...
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  •  
    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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