Related insights: Insurance
Subrogation explained: what it is, why it matters, and when lawyers get involved
When an insurer pays a claim to its policyholder, known as 'the insured', that is rarely the end of the story. Often, a third party, such as a negligent contractor, driver, or supplier, caused the insured's loss.
Subrogation enables insurers to recover those losses from the third party.
This article explains how subrogation works, who it applies to, why solicitors are often involved, and what happens when claims cross jurisdictional borders. We also explain the key court decisions that shape how subrogation operates in practice.
Subrogation enables insurers to recover those losses from the third party.
This article explains how subrogation works, who it applies to, why solicitors are often involved, and what happens when claims cross jurisdictional borders. We also explain the key court decisions that shape how subrogation operates in practice.
Sharing the blame: a summary of contribution claims and the Civil Liability (Contribution) Act 1978
Where multiple parties are responsible for the same loss, a claimant can choose to pursue just one of them for the full amount – leaving that party to resolve any contributions with others who may also be liable. In such cases, the defendant may seek to join a third party to ongoing proceedings under Part 20 of the Civil Procedure Rules, allowing the court to apportion liability during the main litigation. But often there are sound practical and tactical reasons to avoid doing this. A defendant who opts not to bring a Part 20 claim, nevertheless retains the ability to seek a recovery against a third party following settlement under the Civil Liability (Contribution) Act 1978 ("the Act").
Dual cyber coverage: what are the implications for insurers?
The High Court has held that where multiple policies cover a single cyber incident, an Insured is entitled to claim up to the maximum limit of each policy and in any order the Insured sees fit, even where there are "other insurance" provisions in the policies.
Government seeks responses on copyright and AI consultation
The UK Government has launched a consultation seeking views on potential changes to UK copyright law and the potential establishment of licensing schemes, aiming to resolve the tension between creative industries and AI developers.
Pre-action protocols: from review to reform
Professionals and their insurers can breathe a sigh of relief on the issue of Pre-Action Protocols. The eagerly anticipated Civil Justice Council's (CJC) Final Report Part II on Pre-Action Protocols is focussed on fine-tuning the current protocol regime rather than introducing a radical overhaul.
Solicitors' negligence: settlement of litigation and the need to plead causation
Following the recent release of the judgment in Blower v GH Canfields LLP, Womble Bond Dickinson (UK) LLP has successfully defended a firm of solicitors against a multi-million pound claim concerning the settlement of claims against its clients in underlying bankruptcy proceedings. Tim Barr, Ivan Roots and George Napier at WBD acted for GH Canfields LLP and Jonathan Seitler KC and Lemuel Lucan-Wilson were successful defence counsel.
Ground rent claims against solicitors – the end of the road?
Following the release of the judgment in Frampton & Frampton v MLP Law Limited, Womble Bond Dickinson (UK) LLP has successfully defended a firm of solicitors in relation to a 2017 conveyance concerning the advice given to the Claimants in relation to ground rent provisions in a long leasehold property. The legal profession has long been fighting these claims and this judgment follows two recent judgments that reached similar conclusions on breach and loss (Snow v Bannister Preston Solicitors LLP (unreported) and Edwards v Howells Solicitors (unreported)). Tim Barr and Amaney Ehtash at WBD were acting for MLP Law and Jack Steer from 4 New Square was successful defence counsel.
AI in financial services: gathering speed
The use of artificial intelligence (AI) is not new for UK financial services firms. It is already modernising the banking, insurance and payments sectors, who use it to enhance customer service, personalise insurance cover and detect suspicious payment transactions. The regulators themselves are also hopping on the bandwagon – the UK's Financial Conduct Authority (FCA) announced last year that it is using AI-based models to help tackle fraud. But despite some tangible benefits, the financial services industry is still exercising caution when it comes to AI.
Building Safety with Womble Bond Dickinson
Sweeping changes, on a scale never seen before, are being made across the entire building regime.
Learn more about Building Safety at Womble Bond Dickinson - and how our team of lawyers stay up-to-date on building safety developments across a number of sectors and practice areas.
Learn more about Building Safety at Womble Bond Dickinson - and how our team of lawyers stay up-to-date on building safety developments across a number of sectors and practice areas.
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