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PRACTICE NOTES
Reinsurance contracts may be proportional or non-proportional. Loss settlement clauses are observed in both types. The main purpose of loss settlement clauses is to record what the parties to a reinsurance contract have agreed as to how the reinsured may prove its loss in order to claim under its reinsurance. The usual intention, if the reinsurer has sufficient faith in its cedant to settle inwards losses properly, is to mitigate the burden on the reinsured of having to prove its loss to the standard required by the common law and to minimise the need for reinsurers to reinvestigate underlying losses. Some loss settlement clauses also impose express safeguards or provisos to ensure that the bargain struck by the reinsurer is not undermined by binding loss settlements that are beyond the scope of cover provided. Loss settlement language may also be combined with words that incorporate the terms and conditions of the underlying policy so as to align the scope of cover with it (typically, but not exclusively
NEWS
Law360, London: A London court ruling that major insurers must compensate aircraft lessors for planes seized by Russia will provide useful support for companies seeking repayments for assets stranded in conflict zones with little probability of their return.
PRACTICE NOTES
Will cannot be found Where the deceased’s next of kin or the personal representatives (PRs) believe that the deceased had made a Will but it cannot be found among the deceased's papers nor a reference to its location found in the deceased’s papers and emails, various enquiries and searches should be considered: • enquiries of the deceased's family and friends • enquiries of the deceased's professional advisors • enquiries of the deceased's bankers or safe deposit box keeper • search of the HM Courts & Tribunals Service (HMCTS) Probate Service to see if the deceased’s Will was deposited there • search of the National Will Register (Certainty) to see if the Will is registered there • placement of an advert for the Will in the Law Society Gazette For further information, see Practice Note: Obtaining the Will. Application for the order If the original Will or codicil still cannot be found and is understood to be lost or has been accidentally destroyed or was found but has been lost since the deceased’s death, probate
NEWS
PI & Clinical Negligence analysis: John-Paul Swoboda KC, Deputy Head of 12KWB assesses the state of play following the Supreme Court’s decision in CCC v Sheffield Teaching Hospitals NHS Foundation Trust, in which a lost years claim was permitted in the case of a child. The judgment raises important questions about the scope of recoverable damages and the approach to assessing future loss, with wider implications for clinical negligence claims involving young claimants.
NEWS
Financial Services analysis: Following a mega trial spanning over 12 weeks, the court held that the aircraft lessors (including AerCap and DAE) were entitled to recover under their contingent War Risks (WR) cover, but were not entitled to recover under their All Risks (AR) cover, for aircraft and engines stranded in Russia following the 2022 invasion of Ukraine. Aercap made its primary claim under its AR cover while DAE advanced its primary claim under its WR cover. The lessors lost the aircraft on 10 March 2022, when the Russian government issued Government Resolution (‘GR’) 311–a decree prohibiting the return of aircraft to the lessors in response to Western sanctions against Russia. As a consequence, while AerCap originally claimed losses of over US$3.4bn under its AR cover (reduced after settlements to US$2.051bn), it failed against its AR cover and its recovery was confined to a US$1.2bn WR aggregate limit. By contrast, DAE succeeded in its primary claim under its WR cover. The case provides significant guidance on various issues. Key issues of interest include: the test for ‘loss’ by deprivation of assets; the scope of the Political Peril (‘act…for political…purposes’) and Government Peril (“by or under the order of any government”); the ‘grip of the peril’ doctrine; the causation analysis where there are concurrent or independent causes of loss; the distinction between Contingent and Possessed covers in lessor policies; and the scope of economic sanctions against Russia. Written by Aradhya Sethiya, pupil barrister at 7 King’s Bench Walk.
GLOSSARY
A means of acquiring an easement by long user.
GLOSSARY
Lost property refers to tangible personal property that the owner has unintentionally parted with and cannot presently be identified or located. In legal practice in the UK and Ireland, the term is descriptive rather than strictly defined in a single statute, and its treatment is shaped largely by common law and specific legislation on found property and theft.A key distinction is drawn between “lost”, “mislaid”, “abandoned” and “stolen” property, as this affects the rights and duties of finders, occupiers and enforcement authorities. Case law (for example on finders’ rights and occupiers’ liability to found items) guides many disputes, particularly in England & Wales and Northern Ireland. In Scotland, issues are influenced by the law of property and possession, and in Ireland by common law principles and local statutory schemes.Typically, a finder of lost property must take reasonable steps to trace the owner and may have duties to hand items to the police, transport operators or other custodians. Failure to do so, or dishonest appropriation, may constitute theft. Lost property issues arise frequently in commercial premises, public transport, hospitality, local authority practice, and insurance.
GLOSSARY
This type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence. The phrase ‘lost years’ refers to the period after death in which the claimant would have received earnings, pension or other financial benefit.
GLOSSARY
Lotteries involve the distribution of prizes by chance to participants who have made a monetary contribution. Lotteries are unlawful unless they fall into narrow categories or you have a licence to run one.
NEWS
Law360, London: A court dismissed on 26 February 2026 a movie director's claim that Louis Theroux's production company is infringing his copyright in the 1995 'Alien Autopsy' film by producing its upcoming documentary on the origins of the hoax footage.
CHECKLISTS
The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles involved If a heavier vehicle collides with a lighter vehicle, a larger impact occurs than if both vehicles are of a similar weight Age
PRACTICE NOTES
Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. This Practice Note provides an overview of the key revenue support mechanisms under development by the UK government for low carbon hydrogen projects in the UK, and the processes through which this funding is awarded. It focuses on the business model for eligible projects within the scope of hydrogen production, as well as the proposed business models for hydrogen transport, hydrogen storage and hydrogen to power (H2P) generation. Additionally, this Practice Note discusses the Low Carbon Hydrogen Standard (LCHS), the Low Carbon Hydrogen Certification Scheme (LCHCS), the Net Zero Hydrogen Fund (NZHF) and the outcome of UK Hydrogen Allocation Rounds (HARs) held to date. This Practice Note also briefly considers some of the key UK government funding