Jurisdiction and applicable law

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Practice notes
Duty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair presentation' of the risk to the...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
Decennial insurance is insurance that is taken out by contractors to cover costs associated with the potential collapse of a building after completion...
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Produced in partnership with David Savage of Charles Russell Speechlys LLP 12th Jan
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
The Practice Note entitled EU/UK financial and trade sanctions for insurers outlines the sanctions applicable to insurers, the nature of those...
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Produced in partnership with Daniel Martin of HFW 12th Jan
Practice notes
This Practice Note describes the main principles of marine insurance as governed by the Marine Insurance Act 1906. It looks at the principles of...
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9th Nov
Practice notes
The parties to a reinsurance contract and reinsurance terminologyThe principal parties to any reinsurance contract are the reinsurer, who assumes the...
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9th Nov
Practice notes
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...
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Produced in partnership with RPC 12th Jan
Practice notes
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook...
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9th Nov
Practice notes
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to...
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9th Nov
Practice notes
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or...
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Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 12th Jan

Most recent Jurisdiction and applicable law content

Practice notes
Brussels I (recast)—application and exclusionsThis Practice Note considers Regulation (EU) 1215/2012, Brussels I (recast) and what matters it will be...
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12th May
Practice notes
Rome I—insurance contracts (Art 7)This Practice Note is for use when determining applicable law where the contract was entered into on or before 31...
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Produced in partnership with Mark Pring of Reed Smith 12th May
Practice notes
Rome I—applicable law chosen by the partiesThis Practice Note is for use when determining applicable law where the contract was entered into on or...
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Produced in partnership with Angharad Parry of 20 Essex Street 12th May
Practice notes
Retained Rome I—insurance contracts (art 7)This Practice Note is for use when determining applicable law where the contract was entered into on or...
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Produced in partnership with Mark Pring of Reed Smith 12th May
Practice notes
Brussels I (recast)—dealing with insurance mattersThis Practice Note will assist when seeking to determine which court has jurisdiction for an...
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Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith 12th May
Practice notes
This Practice Note considers the incorporation of a jurisdiction clause into a contract by reference either to standard terms and conditions or to the...
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19th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Francis Walters of HFW, Carol-Ann Burton of HFW and Damian Honey of HFW 9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with jurisdiction of disputes...
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10th Mar

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