Events Past Events

Note: Handouts and supporting materials for most of these events are accessible to members only - find out about registering as a member here.

Lunchtime Lectures

Lunch Time Lecture - 13:00, 21st April, 2017

Richard Wise and Anka Taylor
“M&A Risk Management: warranties, indemnities and insurance protections.”
The Old Library, Lloyd's, Lime Street, London, EC3M 7HA

The use of warranty and indemnity insurance as a way of managing risk in M&A transactions continues to increase.

This talk will look at:
• trends and learnings in relation to underlying warranty claims;
• the way in which W&I insurance is structured;
• innovations in the W&I market; and
• W&I insurance claims.

Our speakers are Richard Wise, a Partner at Addleshaw Goddard LLP, whose insurance practice focuses on the representation of policyholders, and Anka Taylor, Director of Transaction Liability at Aon UK Limited, who as a qualified solicitor had 10 years as a Lloyds’ underwriter and now specialises in placement of M&A related insurance at Aon.

 

http://bila.org.uk/resources/M&A Risk Management Slides.pptx

Lunch Time Lecture - 13:00, 31st March, 2017

Colin Edelman QC
“Aggregation of Professional Negligence Claims Against Solicitors”
The Old Library, Lloyd's, one Lime Street, London, EC3M 7HA

Synopsis to follow...

CPD learning Objectives:

  • History of development of aggregation clause in Minimum Terms and Conditions for insurance of solicitors
  • Overview of current aggregation clause (clause 2.5)
  • Analysis of decisions of Teare J, Court of Appeal and Supreme Court in AIG v Woodman on the meaning of “similar acts or omissions in a series of related matters or transactions” (clause 2.5(a)(iv)).
  • Implications for other aggregation clauses.

Lunch Time Lecture - 13:00, 17th February, 2017

David Kendall
“Delegated Authority Underwriting”
The old Library, Lloyd's, One Lime Street, London, EC3M 7HA

The London market is increasingly generating new business through delegated authority underwriting, whether by way of binding authorities, broker facilities, lineslips or consortia. This talk will look at:

  • the way in which these arrangements are structured, 
  • the issues of authority, duty of care, and reinsurance, 
  • the impact of the Insurance Act 2015, and 
  • the effect of the expiry of the Insurance Block Exemption Regulation on 31 March 2017.

Our speaker is David Kendall, a partner at Cooley (UK) LLP, a member of the BILA Committee, and Visiting Professor in the Centre for Commercial Law Studies, Queen Mary University of London.

Event - 17:30, 25th January, 2017

Stephen O’Dowd, Christopher Hodges, Ken Daly, chaired by Lord Chief Justice Thomas
“Collective Redress Seminar - 25th January 2017”
The Old Library, Lloyd's, One Lime Street, London, EC3M 7HA

The litigation landscape in the UK and across Europe is undergoing significant change. For many years “collective” or “class” actions in Europe were a possibility in theory, but were little used in practice.  Recent times have seen an explosion of interest in these actions.  New forms of group claim are proliferating, and England & Wales in particular has been at the forefront of this trend.  The filing of the first UK “opt-out” consumer class action in September 2016 - a claim of GBP 14 billion – represents an important milestone, and potentially a turning point.  These developments have been accompanied by important changes in the way that claims may be financed, and how the risks and costs of litigation are distributed.  

To some these developments represent a welcome revolution in the way that civil justice is achieved.  Grouping similar claims together can be far more efficient, and economies of scale can make it viable for consumers to pursue redress even for smaller claims.  Others fear that class actions won’t deliver on their promise of greater efficiency, and can alter the risks and rewards of litigation to an extent that incentivizes the pursuit of more speculative claims. 

Our panelists have been studying these developments closely from different perspectives.

Stephen O’Dowd is a Senior Director at Harbour Litigation Funding and his firm has been involved in financing collective actions in England, Australia, New Zealand and Canada.  He has been following trends in funding and collective redress for many years and has specific expertise in assessing collective actions and competition law claims.  He will offer perspectives on how the profile of claimants using funding is changing (banks, listed entities, insurance companies and countries) as well as every type of law firm and how the availability of funding for collective actions is leading them to use funding across a wider range of claims.  

Christopher Hodges is Professor of Justice Systems, and head of the Swiss Re/CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford.  He has researched and published widely on civil redress and collective redress issues, including books on the Costs and Funding of Civil Litigation, Consumer ADR in Europe, and on Law and Corporate Behaviour.  He will put the development of court-based collective redress into its broader practical and policy context and in particular will examine whether more efficient models of redress are achievable through sectoral regulators and/or ombudsmen.   

Ken Daly is a partner in Sidley Austin LLP’s Brussels office, and focuses on competition law enforcement, litigation before EU, UK, US and other courts, and on the development of EU law and policy with regard to dispute resolution.  Ken advises the US Chamber Institute for Legal Reform (ILR), a public advocacy organisation affiliated with the U.S. Chamber of Commerce, which campaigns around the world for balanced justice systems from the perspective of those with experience of the US class action system.  Ken will offer some practical insights and compare UK developments regarding class actions and funding with similar developments in other jurisdictions.  

Following short presentations, Lord Thomas will moderate a panel discussion and invite questions and comments from the audience.  

Lunch Time Lecture - 13:00, 13th January, 2017

Mark Cannon QC
“The Impact of Impact Funding –v- AIG on the Construction of Contracts of Insurance”
The Old Library, Lloyd's, One Lime Street, London, EC3M 7HA

Our speaker is Mark Cannon QC leading counsel for the successful appellant insurer in Impact Funding Solutions –v- AIG Europe in the Supreme Court.

Mark has practiced in the fields of insurance and professional liability since joining 4 New Square 30 years ago. He is co-author of Cannon & McGurk on Professional Indemnity Insurance (OUP, 2nd edition 2016).

Overview

While the issue before the Supreme Court in Impact Funding Solutions –v- AIG Europe [2016] UKSC 57 was narrow, the decision is of wider importance, both for the construction of insurance policies complying with the SRA Minimum Terms and Conditions for Solicitors and for insurance policies more generally. The majority rejected the insured’s argument that clauses excluding heads of liability from cover should be construed narrowly or contra proferentem and held that they should be given their natural meaning consistent with the purpose of the policy and its heading (“Solicitors Professional Liability”).

Further details of lectures and topics will be added in due course

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