The following Insurance & Reinsurance practice note Produced in partnership with RPC provides comprehensive and up to date legal information covering:
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissions
Neither EU nor English insurance legislation provides a clear definition of a ‘contract of insurance’.
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) defines a ‘contract of insurance’ as ‘any contract of insurance which is a contract of long-term insurance or a contract of general insurance’. Contracts of general insurance are defined as any contract which falls within RAO SI 2001/544, Sch 1, Pt 1, classes 1–18 (such as property or motor insurance). Long term insurance is defined as any contracts which fall within RAO SI 2001/544, Sch 1, Pt II, classes I–IX (such as life assurance). However, this definition is circular unless one imports a definition of a ‘contract of insurance’.
A definition of a ‘contract of insurance’ has also not been provided by the EU or English courts. The European courts have provided a general description of a 'contract of insurance' which can be found in Card Protection Plan v Customs and Excise Commissioners Case C-349/96. The ECJ stated:
'… the essentials of an insurance transaction are, as generally understood, that
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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