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Practice notes
Consistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under a contract of insurance without the...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 15th Oct
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
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26th Sep
Practice notes
This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
Under the general prohibition a person cannot carry out a regulated activity, or purport to carry out a regulated activity, in the UK unless they are...
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26th Sep
Practice notes
This document tracks the movement of where (re)insurance companies will move in order to retain ‘passporting’ rights, following the UK’s decision to...
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25th Sep
Practice notes
BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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25th Sep
Practice notes
BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep
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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25th Sep
Practice notes
IntroductionOne of the purposes of a commercial contract is to allocate risk and liability through, for example, the provision of indemnities. In this...
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25th Sep
Practice notes
In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...
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25th Sep
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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25th Sep
Practice notes
What is the Lloyd’s market?The Lloyd’s market is an insurance market, whose origins date back to the seventeenth century. Merchants would meet at...
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25th Sep
Practice notes
The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...
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25th Sep
Practice notes
BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
Read More >
25th Sep

Most recent Q&As content

Q&As
The Motor Insurers’ Bureau (MIB) Uninsured Agreement 2015 applies to accidents which occurred on or after 1 August 2015 (see: Uninsured drivers' MIB...
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Produced in partnership with David Green of 12 King's Bench Walk 28th Sep
Q&As
The most obvious and straightforward method for a party to protect itself is to limit its financial liability under a contract by agreeing a financial...
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28th Sep
Q&As
Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated...
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Produced in partnership with Charles Russell Speechlys 28th Sep
Q&As
In financing and construction documentation for development projects it is usual to see requirements for parties to arrange insurance so that a...
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28th Sep
Q&As
It is not clear when the alleged mis-selling took place, but it may be that there is an allegation that there was a breach of the Financial Conduct...
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28th Sep
Q&As
The accrual of a cause of action in the case of a claim under an express indemnity will depend upon the terms of the contract: see eg Bosma v Larsen...
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28th Sep
Q&As
Where a person assumes responsibility to perform professional services for someone who relies on those services, a duty in tort to exercise reasonable...
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28th Sep
Q&As
Section 151 of the Road Traffic Act 1988 (RTA 1988) provides that a motor insurer is bound to meet a judgment in respect of a relevant liability...
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Produced in partnership with Andrew Wilson 28th Sep
Q&As
Financial promotions under section 21 of the Financial Services and Markets Act 2000Under section 21 of the Financial Services and Markets Act 2000...
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28th Sep
Q&As
This question relates to the European Communities (Rights Against Insurers) Regulations 2002 (EC(RAI) Regs 2002), SI 2002/3061 legislation introduced...
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Produced in partnership with Andrew Wilson 28th Sep
Q&As
Our Practice Notes Obligations of controllers—acquiring and increasing control and Obligations of controllers—reducing or ceasing control set out...
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28th Sep
Q&As
This Q&A examines the rules and guidance in chapter 14 of the Senior Management Arrangements, Systems and Controls sourcebook (SYSC 14) for the...
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28th Sep

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