MARC/Médiation

eAlerts Récentes

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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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  12/02/2024

  United Kingdom

  High Court rules in favour of reinsureds seeking recovery of UK COVID-19 BI losses

  Overview The High Court has, for the first time, considered the reinsurance recovery of non-damage COVID-19 (first lockdown) business interruption losses, specifically under catastrophe excess of loss property reinsurances.  CMS successfully acted for Markel International Insurance Company Limited (“Markel”) in the case, which determined appeals against two separate arbitral awards on questions of law under Section 69 of the Arbitration Act 1996.The parties to the two appeals were:Markel and its reinsurer, General Reinsurance AG (“Gen Re”); andCovéa Insurance...

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  17/01/2024

  Singapore, UK

  Singapore High Court denies stay on crypto class action against blockchain developer Terraform

  In Julian Moreno Beltran, Douglas Gan Yi Dong v Terraform Labs Pte Ltd and others [2023] SGHC 340 (the “Terraform Case”), a case involving the collapsed TerraUSD (“UST”) stablecoin, the Singapore High Court (Hri Kumar Nair J) declined to grant a stay in favour of SIAC arbitration.The action was filed by two claimants on behalf of themselves and as representatives of 375 other individuals (the “Represented Individuals”) against Terraform Labs Pte Ltd (“Terraform”), the Singapore registered company which issued TerraUSD, and others.  The claimants...

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  09/01/2024

  UAE

  The emergence of arbitrateAD

  IntroductionThe United Arab Emirates (UAE) is reinforcing its status as a global hub for international arbitration with the implementation of the Abu Dhabi International Arbitration Centre, which will replace the old Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”).Branded as “arbitrateAD”, the new Centre will have a board chaired by His Excellency Abdulla Mohamed Al Mazrui and vice-chaired by the leading international arbitrator Gary Born. ArbitrateAD’s operations will be overseen by Kristen Campbell-Wilson, formerly of the Stockholm Chamber of...

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