Devereux Chambers

This Practice Note explains the purpose of aggregation clauses in insurance and reinsurance policies and discusses some of the relevant case law. It considers: what are aggregation clauses, why aggregate claims, 9/11 aggregation, aggregation arising from one event, aggregation arising from one originating cause, and aggregation resulting from a series of acts or omissions. This topic may be referred to as an introduction to aggregation of insurance claims and aggregation of reinsurance losses; defining or the definition of aggregation in insurance law; in the aggregate; and, aggregating language.

This Q&A considers the effect of a COT3 Acas-conciliated agreement to settle a discrimination claim, under which the employee agrees not to keep the fact and terms of the COT3 confidential, and waives their right to bring any future claim relating to facts that occurred before the agreement was entered into, in particular whether the claimant is prohibited from bringing a future victimisation claim alleging that they were victimised because they brought the initial discrimination claim.

This Q&A considers liability for an accident caused by utility hardware on the boundary between private and local council land.

This Q&A considers whether an employee who has spent their own money for the benefit of their employer (refurbishing business premises), while in a personal relationship with the business owner, can subsequently claim that their outlay is expenses for which they are entitled to be reimbursed.

This Q&A considers whether bereavement damages should be subject to a deduction for contributory negligence on the part of the deceased.

This Q&A considers whether the imposition of a charge makes a difference to what is reasonable in the circumstances.

This Q&A considers whether a notice of discontinuance can be filed in Part 8 proceedings and if a hearing being listed affects the answer.

This Q&A considers whether a solicitor is able to ask for payment of interest on a late payment of a court-ordered interim payment.

This Q&A considers whether an employee can bring a breach of contract claim (without resigning and claiming constructive unfair dismissal) purely on the basis of a breach of the implied duty of trust and confidence, ie whether a breach of the implied duty of trust and confidence can be brought as a standalone breach of contract claim, in the employment tribunal and/or the High Court/County Court.

This Q&A considers whether, if an employee resigns with immediate effect before or during disciplinary proceedings, the employer can continue with those proceedings.

This Q&A considers whether the provisions relating to the limitation period in fatal accident claims still apply if the death occurred due to an unrelated event.

This Q&A considers whether a broken arm fall under Chapter 7 Orthopaedic Injuries section (f) of the Judicial College Guidelines? If so, is there any further guidance given on different categories listed in terms of what is meant by significant disabilities or substantial degree of recovery and significant permanent residual disability whether functional or cosmetic?

This Q&A considers the recent developments in the assessment of periodical payments and the indexation approach to such awards.

This Q&A considers whether an employee who has been transferred under TUPE 2006, SI 2006/246, and is later dismissed by the transferee by reason of redundancy, receives payment in lieu of notice and a statutory redundancy payment and returns to work for the transferor carries forward his accrued continuous employment (with the transferee and, previously, with the transferor) for the purposes of the right to claim unfair dismissal and calculation of a statutory redundancy payment.

This Q&A considers the limitation period of claims under section 11 of the Limitation Act 1980.

This Q&A deals with the question of how to bring proceedings to an end when a claim settles in between issue and service.

This Q&A covers the following issues: (1) whether it is possible for an employee to make a claim (a) under section 8 of the Employment Rights Act 1996 (ERA 1996), and (b) for constructive unfair dismissal, where the employer has incorrectly labeled a deduction from wages, and (2) whether, if an employer makes a deduction from wages to cover reimbursement of an overpayment of wages, this can give rise to a claim under NMW legislation.

This Q&A considers how an employee should proceed where, on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), the transferee employer refuses to acknowledge that the employee has transferred to it under TUPE 2006.

This Q&A considers whether, in the course of a disciplinary appeal hearing, the employer can use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer, and whether there is a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it.

This Q&A deals with an employee on a fixed-term employment contract and whether it is lawful for an employer to pay a fixed-term employee more than a permanent employee.