by jolyonpatten on December 17, 2008
Insurers should be wary of reliance on an apparently iron-clad warranty. Context is critical, and the courts will look beyond the mere words to discover the true intentions of the parties.
In Pratt -v- Aigaion Insurance Company [2008] EWCA Civ 1314, the Court of Appeal held that insurers were not entitled to rely on a [...]
by jolyonpatten on December 10, 2008
London Market reinsurers have ended their long-running Commercial Court litigation with Korea National Insurance Corporation (KNIC) by agreeing to pay approximately 95% of KNIC’s reinsurance claim and to retract and withdraw all allegations of fraud and impropriety made against the North Korean insurer.
The litigation, which began in January 2007, involved a claim by KNIC to [...]
by jolyonpatten on November 14, 2008
In the recent (24.10.08) case of Markel –v- Gothaer Allgemeine & Kontinentale the Commercial Court considered the nature and role of an agent in a dispute over a Claims Co-operation Clause. It’s an oddly fact-specific case, but there are some wider issues in play.
This was a summary judgment application by reinsurers (Markel) to dismiss [...]
by jolyonpatten on July 30, 2008
[Warning: No reinsurance content]
There’s a difference between the two, of course. Today, it rather looks as if justice took a back seat to ‘legality’ in the Lords.
First, they approved the extradition of computer hacker and self-styled ‘bumbling computer nerd’ Gary Mackinnon to the US. Officials there are said to wish to see him ‘fry’, though on [...]
by jolyonpatten on May 16, 2008
We won the second phase of our case for RMP against Brent LBC, Harrow LBC and LAML today.
Here is the Press Release. As before, I hope to put up a more comprehensive guide to what the judgment means shortly.
London Mutuals Case: Local Authorities Cannot Sidestep EU Procurement Process
Another resounding victory for Risk Management Partners [...]
by jolyonpatten on April 28, 2008
On April 22nd 2008 Lord Justice Stanley Burnton handed down his judgment in R (on the application of Risk Management Partners) –v– the Council of the London Borough of Brent [2008] EWHC 692 (Admin).
LAML, who were an interested party in the case, say that the court threw “out claims from the private sector that councils [...]
by jolyonpatten on April 22, 2008
I just had a big win on a case of major importance in its field. Here is the press release. A more detailed analysis will follow:
Local authorities not authorised to act as insurers
In a landmark case, the High Court has found that Brent LBC had no power to participate in LAML, a mutual insurer [...]
by jolyonpatten on April 14, 2008
Reinsurance assets will more easily be accessible to foreign liquidators in multinational insolvency proceedings following the House of Lords’ decision last week in the long-running HIH saga.
Their Lordships found that English courts should co-operate “as much as possible” to ensure that the assets of bankrupt companies based abroad are distributed among creditors under a single [...]
by jolyonpatten on April 3, 2008
In the recent case of Expandable Ltd. v. Rubin, the Court of Appeal has held that mere mention of a letter does not automatically waive legal professional privilege.
The judgment, given by Rix LJ, went to two points. First, had the letter been “mentioned” for the purposes of CPR 31.14; second, if it was so [...]
by jolyonpatten on July 12, 2007
I’ve just skim-read the judgment in Equitas v. Horace Holman [2007] EWHC 903. It runs to 108 paragraphs and is the culmination of proceedings that lasted 5 years. The finding?
I conclude that Equitas’ money claim succeeds in the sums of US$ 34,614.01 and £3,018.57. I shall hear further submissions if Equitas [...]