Draft Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

Yet another gripping headline to draw in the reader of this blog … but despite the arcane title and multiple brackets these new regulations are worth knowing about. What they’ll do when implemented is to rectify a barrier to rights of recovery after an insurance policy covering a dissolved, insolvent or otherwise no-longer-existing insured has responded to a third party’s claim. Continue reading

Spire Healthcare Limited v Royal Sun Alliance – Court of Appeal decision on aggregation clauses

The Court of Appeal has set out the correct interpretation of a medical negligence policy which was responding to over 700 actions pursued against a surgeon who operated without his patients’ consent. The key issue was the approach to aggregation, i.e. treating multiple matters as arising from a single cause. The sums to be recovered under the policy would form part of the appellant clinic’s share of an overall settlement of those actions approved by the High Court in 2017. Continue reading

Personal injuries abroad: where is the damage sustained and why is it important?

This question is at the heart of the Supreme Court’s decision in Four Seasons International Holdings (FSIH) v Brownlie. The fatal car accident, which gave rise to the claim, happened in Egypt but the claimant was an English resident and had incurred losses and expenses related to the incident on returning to England. She issued in England against FSIH, which was based in Canada, and thus had to apply to serve the proceedings outside the jurisdiction. Whether she would be able to do that would turn on where the damage was sustained.

Continue reading