Risk, Re-/Insurance and Future Thinking
From the category archives:
Two years ago, I was doing a deposition with a witness in a very long-running, very messy and very costly reinsurance dispute. It was the third time that we had been through the process, with various parties, so we were very familiar with the facts, the issues and the questions likely to be put. Asking [...]
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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 [...]
The ever-excellent OutLaw reports on this case where some 16-year-old girl in Texas had her picture uploaded to flickr by her youth counsellor, a Mr Wong. Virgin used it in an ad, allegedly without permission from either Wong or the girl. Wong apparently changed the Creative Commons licence–which defaults on flickr to ‘no use by [...]
First off, I shouldn’t complain too much, as I do get a listing as one of the Leading Individuals in Insurance & Reinsurance Litigation, which is nice even if it does make me sound like a luxury hotel. However, one should treat industry directories with caution. Legal 500 have some oddities this year. [...]
There’s an interesting account in a recent Economist (and also on their website (subscription)) about a recent cyber-warfare attack on Estonia’s infrastructure. This came amidst their recent spat with Russia over the re-siting of a statue commemorating the Glorious Motherland’s achievements in Estonia during the Great Patriotic War (aka WW2), which I read somewhere [...]
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This is apparently true: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Case No. 6:05-cv-1430-Orl-31JGG AVISTA MANAGEMENT, INC., d/b/a Avista Plex, Inc., Plaintiff, -vs- WAUSAU UNDERWRITERS INSURANCE COMPANY, Defendant. ORDER This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule 30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have [...]
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Marcan Shipping (London) Ltd v Kefalas. CA (Civ Div). 17 May 2007 Sanctions under an ‘unless’ order take effect without the need for any further order in the event of non-compliance in any material way. The other party does not need to apply to the court for the sanction to be imposed. Rather, the party in default [...]
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The Bar Council is proposing that less than competent barristers should be referred by colleagues and judges to a remedial panel to bring them [back] up to standard, according to the Times. I am not quite sure how it is envisaged that this would work and whether it is, in truth, any more than window-dressing to [...]
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Trawling some files the other day, I realized that I had not posted a copy of my talk on “Bad Software” since it was expunged, with all other records, from iNews. So here it is in original Keynote format, and in pdf format. Aproveches.
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Eric Sinrod writes on c|net about a big change in US law coming up on 1 December 2006. The new rules are designed to set out early structure, uniformity and predictability when it comes to e-discovery. Yet, from the very start of a case, the parties need to start evaluating with their IT teams [...]
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