Archive for the 'insurance' Category

British Bankers’ Association v Financial Services Authority and another – WLR Daily

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shadow justice minister attacks Jackson costs reforms – Law Society’s Gazette

“Shadow justice minister Andy Slaughter called on personal injury lawyers to get their clients involved in the fight to amend the government’s proposals on civil litigation costs.”

Full story

Law Society’s Gazette, 21st April 2011

Source: www.lawgazette.co.uk

UK banks lose payment protection insurance challenge – BBC News

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fraudster Phillip Morris jailed after shooting himself – BBC News

“An insurance fraudster who shot himself in the chest as part of string of scams has been jailed for six-and-a-half years at Caernarfon Crown Court.”

Full story

BBC News, 11th March 2011

Source: www.bbc.co.uk

Sousa v Waltham Forest London Borough Council – WLR Daily

Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71

“A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs.”

WLR Daily, 4th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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