Articles and Briefings

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.

The rise and fall of the personal injury discount rate

14 Jan 2020

On 15 July 2019 the Lord Chancellor announced that the discount rate in personal injury and clinical negligence claims would increase from minus 0.75% to minus 0.25%.

Cash retentions in construction – Scottish government consultation open

14 Jan 2020

It feels like a never ending merry-go-round or Groundhog Day or sorts. Two years since Peter Aldous MP brought his private members bill to Westminster, some 26 years since the recommendations in the Latham report and still no solution to the topic of cash retentions in the construction industry.

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.

Pensions - a look back at 2019 and a look forward to 2020

09 Jan 2020

A look back at the key developments in the pensions sector that relate to the world of insurance.

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.

McDreams crushed - a win for McDonald's

07 Jan 2020

Is the prefix "Mc" the exclusive intellectual property of McDonald's?

Notification, aggregation and crystal ball gazing

06 Jan 2020

We examine why two recent cases on notification and aggregation are important for insurance brokers and look at what may be on the horizon for insurance brokers in 2020.

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