We recognise that some legal developments need to be understood in detail.

Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.

Construction: a look back at 2019 and a look forward to 2020

16 Jan 2020
Looking back, it has been a year of fewer disputes, increased insolvency and a strong theme of 'clarity', or lack thereof, in the cases before the Technology and Construction Court. Looking forward, insureds are hoping to see a significant increase in investment in the development of homes and infrastructure following the 2019 General Election. Other big issues for insureds in 2020 will be the introduction of the new Building Safety Regulator, the VAT Reverse Charge and the Competition and Markets Authority investigation into the UK construction industry, as discussed below.

The changing face of claims handling for financial lines

15 Jan 2020
In October 2019 WBD launched its own independent claims handling operation for all financial lines claims. The firm had been successfully claims handling and providing a variety of fixed fee services for insurance clients for a number of years but over the course of 2019 we took the opportunity to review all aspects of our service to establish how it could be improved and to clearly demonstrate our continued commitment to supporting our clients' needs.

Vicarious liability in financial loss claims: key cases in 2019 and what to expect in 2020

10 Jan 2020
In 2019 the Courts were required to consider, on appeal from strike-out/summary judgment decisions, vicarious liability (and related issues) in connection with financial advisers and lenders. In the very recent decision in Barness & Ors v Ingenious Media Ltd & Ors, the Court was required to consider whether the claims against the two lender defendants alleging breach of contract, negligence and vicarious liability in connection with a film finance scheme should be struck out. The separate case of Frederick v Positive Solutions (Financial Services) Ltd, in which the Supreme Court heard an appeal in February 2019 against the Court of Appeal's 2018 decision upholding the summary judgment in favour of Positive Solutions, turned on the issue of whether Positive Solutions was vicariously liable for the fraudulent acts of an agent.

Avoiding a non-party costs claim - considerations for insurers

10 Jan 2020
In October 2019 the Supreme Court unanimously overturned the Court of Appeal's decision in Travelers Insurance Company Limited v XYZ [2019] UKSC 48 on non-party costs orders against insurers. We examine the background to the decision and consider how insurers can avoid non-party costs orders being made against them.

Consumer Credit Directive: still fit for purpose?

08 Jan 2020
The European Banking Federation (EBF) has produced a draft response to the European Commission's evaluation of the Consumer Credit Directive (CCD). The Commission launched a public consultation in 2018 to assess whether, ten years after its adoption, the Directive is still fit for purpose given the market developments that have occurred since 2008.