Publications

Here is a short note on some potentially relevant insurance issues that arise out of Covid-19 issues.

Shorter and flexible trial schemes - why aren’t insurers using them more?

So, you are a small business and are owed £5,000 for unpaid invoices by a supplier. But you have received no response or any payment. Would sending a statutory demand be a useful tool for you to use to collect the debt?

Welcome to the latest edition of our Litigation Know How brief, prepared by the Devonshires' Litigation & Dispute Resolution team.

The Court of Appeal has recently clarified the legal test for claims in rectification on the basis of common mistake in the case of FSHC Group Holdings Limited v. GLAS Trust Corporation Ltd [2019] EWCA Civ 1361.

"To comply with the protocol a business creditor must provide to an individual debtor full details as to what the claim relates and how it arose together with a breakdown of any accrued interest or charges claimed."

The Insurance Act 2015 came into force on 12 August 2016, introducing major changes to the law governing insurance in the UK and overturning over 100 years of insurance law.

The popular (but in fact erroneous) quotation from the radio communications in the Apollo 13 space mission has become a popular refrain to account, informally, the emergence of an unforeseen problem.

One of the long standing problems with the English law’s treatment of insurers’ delay to payment of valid claims was that it offered no meaningful remedy to a business or individual who was in desperate need to receive the indemnity payment due.

UWOs were only recently introduced by the Criminal Finances Act 2017 as new investigative orders and are governed by sections 362A to 362T of the Proceeds of Crime Act 2002 (“POCA”).

Following the successful pilot between 2015 and 2017, the Business Court in England and Wales have now embedded in the High Court procedures a couple of shorter and more flexible litigation procedures.

Welcome to the latest edition of the Litigation Know How brief, prepared by Devonshires’ Commercial Litigation team.