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High Court grants anti-suit injunction, having found that the parties to an insurance policy had agreed to arbitration despite a Service of Suit clause
In Hiscox Dedicated Corporate Member v Weyerhaeuser Co [2019] EWHC 2671 (Comm), the High Court (the English Court) continued an anti-suit injunction …
Supreme Court considers the costs to be taken into account in assessing whether a vessel is a CTL
In Sveriges Angfartygs Assurans Forening (The Swedish Club) and Ors v Connect Shipping Inc and Anor [2019] WLUK 126, the Supreme Court considered what …
First English Law Decision on WELCAR Offshore Construction Form
In what is understood to be the first English law decision on a policy underwritten on the WELCAR form, Mrs Justice Carr in the Commercial Court in …
Insurance issues in class actions - new webinar and "handy client guide"
Herbert Smith Freehills has today released a webinar looking at insurance issues in class actions. In the presentation Sarah …
Australian decision takes opposite view to the English court on whether depreciation amounts to a saving in Business Interruption calculation
An Australian state Court of Appeal decision has expressly rejected the reasoning of Mr Justice Flaux (as he then was) in the English High Court case of …
Court of Appeal clarifies test for rectifying terms of written contract for common mistake
In an important recent decision, the Court of Appeal has confirmed the test for rectifying a contractual document on the grounds of common mistake: FSHC …
Class actions related appeals heading for the Supreme Court
As in many jurisdictions, class actions are becoming more frequent in the English courts. A body of case law is building up, and that will be added to by …
W&I insurance: Courts confirm approach for assessing damages for breach of warranty in a SPA
Warranty and Indemnity (W&I) insurance is being used more and more widely across the breadth of global M&A activity to provide protection to …
ICO's proposed largest ever fine of £183 million against BA prompts the question: can you insure penalties imposed for breach of GDPR?
The UK's data protection authority, the ICO, has announced twice in two days this week that it proposes to levy significant fines on organisations for …
High Court awards indemnity on a reinstatement basis for damaged property which had not been reinstated
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm), David Railton QC sitting as a Deputy High Court …
First Insurance Act 2015 decision considers whether an insurer had waived its right to disclosure
Young v Royal and Sun Alliance plc [2019] CSOH 32 is the first case to be decided under the Insurance Act 2015. It was alleged that the insured had …
Court of Appeal decision provides further helpful guidance on the application of the key legal principles on notification of circumstances to claims made policies
The Court of Appeal recently allowed RSA's appeal in Euro Pools Plc (in administration) v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 …
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