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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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  •  
    04/12/2023
    United Kingdom

    Causation of indivisible diseases – material contribution test applies, says Court of Appeal

    In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material contribution”.The judgment reviews the leading cases in some detail and provides clear guidance on an area which, the court observed, has been “bedevilled by apparent inconsistency and imprecision at the highest level on multiple occasions.” (para. 30).The case concerned an individual who alleged that his Parkinson’s Disease was caused, at least in part, by exposure to the organic solvent Trichloroethylene (TCE)...
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  •  
    01/12/2023
    United Kingdom

    Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council

    In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most people still call it), which was previously considered by the Court of Appeal 20 years ago in Halsey[1].Two principal questions were considered: does the Court have the power to order the parties in Court proceedings to engage in some form of ADR? If so, in what circumstances?In determining that the Court does have that power, the judgment echoes the recent conclusion of the Civil Justice Council that mandatory ADR is not inconsistent with Article 6 of...
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