Pension Liabilities – employers, group companies, directors: an introduction
David Pollard, a barrister at Wilberforce Chambers, Lincoln’s Inn will give an overview introduction to the liabilities that arise for employers and others in relation to occupational pensions provided for employees and past employees.
The talk will focus mainly on liabilities in relation to defined benefit (DB) schemes. The talk will cover:
• The structure of occupational pensions
o role of the trustees
o who is the employer?
• Employer: on-going funding
o Schedule of contributions
o Pensions Regulator role
• Employer: termination liability (s75 debts)
• Employer: Claim priority
• Pensions Regulator moral hazard powers (Pensions Act 2004):
o Connected or associated
o Contribution Notices (CNs)
o Financial Support Directions (FSDs)
• Third party liabilities: group companies
o Guarantees and security
o Funding indemnities or agreements
o Implied tort duty of care?
o Knowingly helping unlawful discrimination
• Third party liabilities: Directors
o Insolvency law – wrongful trading
o Moral hazard claims
o Maladministration claims
o Unlawful discrimination
o Liability for breach of Statutory duty by employer
Law in the 21st Century Satellite Technology & The Use of Visual Technologies in US Courtrooms
May 7, 2019 - 2:30PM
The Old Library at Lloyd's, London
Fraud: Lies, Damned Lies and Insurance Claims
In this BILA lunchtime lecture, James Davey will consider the reliability of statistics on insurance fraud, and the effect that this has on lawmakers and policymakers. By stating an overall number, ‘£1.3bn detected and a similar amount in undetected fraud’, the industry merges together a wide variety of different issues. Proper mitigation of insurance fraud requires a detailed understanding of the nature and causes of this complex issue. Professor Davey will compare the insurance industry’s exposure to fraud by comparison to retail goods (shoplifting, employee fraud, and ‘passing off’ of counterfeit goods) to show that insurance is not an isolated example.
Law of Privilege – developments relevant to in-house lawyers: one step forward, two steps back
In this BILA lunchtime lecture, Nik Yeo and Tamara Oppenheimer will discuss the Law of Privilege – developments relevant to in-house lawyers: one step forward, two steps back
BIM & Modular Construction - a brave new world for design responsibility.
In this BILA lunchtime lecture, Tom Ogden and David Turner, Will discuss the advent and expansion of BIM, where proprietary programs drive the design of the project, and Modular Construction, with whole-room components supplied 'off the shelf', what now does the professional building designer actually design? What does 'design responsibility' mean for the professional designer, the design & build contractor, and their insurers? A look at problems and issues that may arise in this brave new world of automated design and supply.
Regulatory Challenges of International Insurance Programs post-Brexit
Friday 7th December 2018 1pm -2pm
In this BILA Lecture, Jonathan Post will talk about the Regulatory Challenges of International Insurance Programs post-Brexit, discussing the nature of current market access and conduct challenges, how the UK might learn from Swiss insurers’ experiences of (re)insuring EEA exposures without Freedom of Services, and how a 19th century dissenting lower court judge might have shown us a way forward (creating new product opportunities to boot).
Annual Insurance Law Update
Friday 16th November 2018 - 13.00, Old Library, Lloyds
In this BILA Lecture, Professor Rob Merkin will discuss the Annual Insurance Law Update
Automated vehicles – the 2018 Act and beyond
Monday 29th October 2018
In this BILA Lecture, Tamara Goriely will discuss Automated vehicles – the 2018 Act and beyond
The talk will introduce the new insurance provisions of the Automated and Electric Vehicles Act 2018 and discuss areas of uncertainty. It will then look briefly beyond the Act to consider other areas that need reform.
Testing the Boundaries of the Third Parties (Rights against Insurers) Act
Friday 21st September 2018 - 13:00 - 14:00
In this BILA Lecture, Peter Macdonald Eggers QC will discuss Testing the Boundaries of the Third Parties (Rights against Insurers) Act
The presentation will consider the major issues which have arisen under the 1930 Act and still arise under the 2010 Act, in light of recent decisions, including Cultural Foundation v Beazley (2018).
No limits? Non-party costs orders against insurers
Friday 20th July 2018 - 13:00 - 14:00
In this BILA Lecture, Alison Padfield QC will discuss Non-party costs orders against insurers/Senior Courts Act 1981, s 51(3)
In this lecture, Alison Padfield QC will explain and discuss non-party costs orders against insurers:
• The courts’ jurisdiction to make costs orders against non-parties under s 51(3) of the Senior Courts Act 1981
• Situations where liability or legal expenses insurers may be at risk of non-party costs
• The impact of policy limits
• Non-party costs and the Third Parties (Rights Against Insurers) Acts 1930 and 2010
• The insurer’s conduct and the incurring of costs
• Recent case-law including Travelers v XYZ  EWCA Civ 1099 (liability insurers) and Herridge v Parker & Allianz  Lloyd’s Rep IR 177 (legal expenses insurers)
War Risks Cover – The Drugs Don’t Work
Tuesday 24th July 2018 - 13:00 - 14:00
In this BILA lecture, Philppa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”)  UKSC 26
Philippa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”)  UKSC 26, in which the Court held that war risks underwriters were not liable for the total loss of the “B Atlantic”, which had been confiscated by the Venezuelan authorities after cocaine was found attached to her hull. They will consider the Supreme Court’s treatment of the malicious act peril and the infringement of customs regulations exclusion, and they will reflect on the implications of the case for the market.
2nd July 2018
“Too Big to Fail?”
The collapse of the construction and outsourcing giant Carillion hit the headlines earlier this year. This, coupled with other regular news stories of data breaches and misuse of personal information on a seemingly industrial scale, raise the spectre of systemic issues that have the potential severely to disrupt commercial life. In an era of ever greater inter-connectivity, can financial institutions, companies or infrastructure ever be “Too Big to Fail”? And when things do go wrong, what is the role of insurance?
Join BILA on 2 July for a discussion of the insurance, legal and regulatory issues involved when the “Too Big to Fail”, do fail.
Direct Rights of Action/Anti-Suit Injunctions
Friday 15th June 2018, 13:00 - 14:00
In this BILA lecture, David Lewis QC and Oliver Caplin will discuss the direct rights of action/anti-suit injunctions
David and Oliver will explore legal issues surrounding third party claims advanced against insurers under direct action statutes, covering both English and European jurisprudence. Amongst other things, they will draw on their experiences of acting for the direct action statute claimant in the Court of Appeal in The Yusuf Cepnioglu  3 All ER 697, addressing the consequences of that decision for insurers and direct action claimants seeking or resisting anti-suit injunctive relief, and the impact that case has had, and might have had for this area of law had it been heard (as it almost was late last year) by the Supreme Court.
Friday 18th May 2018 13:00 - 14:00
In this BILA lecture, Katherine Coates will talk about Opportunities for U.K. based ILS issuers under new U.K. ILS legislation
Summary of the key aspects of the new legislation
● Structures available to UK issuers
● Initial practical experience of the new regime
● Some of the differences between UK and other regimes
● Market opportunities
Latin American Jurisdictions - A discussion of global insurance programmes and the challenges they present.
Friday 20th April 2018, 13:00 - 14:00
In this BILA lecture, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will talk about their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present.
In an increasingly global marketplace, many international corporates operate in a wide variety of jurisdictions, where the commercial, fiscal and regulatory environment differs significantly from that of their home territory. While such companies face different risks across the globe, they want to ensure that they manage their risk in a consistent manner wherever they are doing business. The assessment of that risk and the composition of an appropriate insurance programme is a huge challenge.
In this presentation, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will use their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present, focusing in particular on the so-called financial interest clause, which purports to provide cover to a parent company in respect of any damage to its financial interest in its overseas subsidiaries.
They will consider:
- Different types of global programme e.g. local policies, global policies, controlled master programs and the operation of DIC/DIL and financial interest clauses
- Some of the main challenges posed by local regulatory, legal and claims regimes of key Latin American jurisdictions e.g. fronting ins/reinsurers, cession rules, interest and monetary correction
- Potential advantages and disadvantages of financial interest clauses
- English and local law issues when considering financial interest clauses e.g. insured interest, calculation of indemnity and local compliance issues
In this joint BILA and IIL lecture Melissa Collett will talk about the meaning of professionalism, ethics and duty of care in the context of insurance, and how to put professionalism into practice. She will also explain the professional body's role in raising standards of professionalism across the insurance sector.
Professionalism is vital to building public trust in insurance. Professionalism is not just about following regulator's rules and regulations. It's about creating the right culture and ethical standards. Breaking down professionalism into three key elements: competence, ethics and duty of care, can help put professionalism into practice. The Chartered Insurance Institute is here to help insurance professionals on their journey.
By the end of this lecture members would have gained an insight into:
- The 3 key elements of professionalism for insurance professionals
- How to put professionalism into practice
- The professional body's role in raising standards across the sector
This month, the London market launched the Single Claims Agreement Party model ("SCAP"). This is a ground-breaking agreement which is the product of collaboration between the London and International Insurance Brokers Association ("LIIBA"), the Lloyd’s Market Association ("LMA") and the International Underwriting Association ("IUA"). SCAP is an agreement between insurers which will allow a single London market underwriter, whether in the Lloyd’s or company market, to agree claims on behalf of all underwriters subscribing to a slip on the same terms, whether they are in the Lloyd’s market, the company market or overseas.
In this talk, Simon Cooper of Ince & Co will discuss the structure, scope and operation of the SCAP as well as some of the issues and challenges that arose in drafting this important new agreement.
A medley of cases about building defects. Where does the risk lie?
Mark Williamson and Isabel Ost of Clyde & Co LLP will be speaking about GDPR
Steven McEwan of Hogan Lovells International LLP will be speaking about "Legal and regulatory implications of Brexit for the insurance industry"
Professor James Davey of the University of Southampton will be talking about :"After the Gold Rush: Insurance Regulation in the FinTech Era"
James Davey is Professor of Insurance & Commercial Law at the University of Southampton. His interests in insurance span insurance contract law and theories of regulation. He draws on a wide range of sources to inform his practice, including US commercial contract and insurance law. He has published extensively in leading journals, including the Lloyd's Maritime & Commercial Law Quarterly and the Cambridge Law Journal. He was an invited participant in the Insurance Fraud Taskforce and the initial Flood Re steering group. He has acted in a research consultancy capacity in litigation subsequently decided at the appellate level.
Julian Burling is a barrister practising at Serle Court Chambers, who will be speaking on the topic of "Brokers - duties and developments"
Jeffrey Gruder QC will be speaking about Arbitrating Insurance and Reinsurance Disputes
Chaired by Lady Justice Gloster, President of BILA;
- Sir Richard Aikens, Brick Court Chambers
- Julian Burling, Serle Court Chambers
- Sean McGovern, XL Catlin [Chief Compliance Officer and Head of Government & Regulatory Affairs]
Dr Miriam Goldby will be speaking about "Modernisation of the London Insurance Market: Harnessing Electronic Communications in Support of Placement"
Abstract: In recent years, the London Insurance Market has seen a drive towards modernisation, with an aim to maintain the market’s competitiveness while at the same time increasing contract certainty for insurers and assureds alike. Within this context, the market has sought to harness electronic communications to support the placement process and maintain, throughout the placement period, an up-to-date record of discussions and negotiations. The most recent development in this regard, the PPL, has the potential to be a very significant step towards this objective. This lecture will examine the potential legal implications of these developments for the law relating to insurance contracts.
Bio: Dr Miriam Goldby is Reader in Shipping, Insurance and Commercial Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London (QMUL), director of Centre’s LLM in International Shipping Law in London, of its Dual LLM in Commercial Law (Singapore and London) offered in association with Singapore Management University and of the School of Law's MA in Law by Research. She is also Deputy Director of the Centre’s Insurance Law Institute and Deputy Editor of the British Insurance Law Association Journal. Prior to joining Queen Mary, Miriam conducted research as a Visiting Scholar at George Washington University in Washington DC, USA. Between September 2007 and December 2010 she held a lectureship post at the University of Surrey where she taught Contract Law, Commercial Law and Banking Law. She read for her PhD degree at University College London where she also held the post of teaching fellow between January 2004 and August 2007, and taught on the LLM Banking Law and LLM International Trade Law courses. She has published extensively on various areas of commercial and financial law. Since November 2012 she has participated in the work of UNCITRAL’s Working Group IV (Electronic Commerce) as delegate and as a member of the Experts Group and contributed to the drafting of an instrument on Electronic Transferable Records. She is the author of Electronic Documents in Maritime Trade: Law and Practice (OUP, 2013).
Adam Fenton QC will be speaking on the subject of "Late Payment of Claims"
Richard Wise and Anka Taylor will be speaking about M&A Risk Management.
Colin Edelman QC of Devereux Chambers will be speaking about the AIG Aggregation case.
PLEASE NOTE THAT THIS LECTURE REPLACES JEFFREY GRUDER QC'S LECTURE ON 'Arbitrating Insurance and Reinsurance Disputes: Transparent and Impartial?', WHICH WILL NOW TAKE PLACE ON April 10th 2017
BILA and the BILA Charitable Trust support the University of Southampton Insurance Law Moot – 5 and 6 March 2017
Jeffrey Gruder QC will be speaking about Arbitrating Insurance and Reinsurance Disputes - PLEASE NOTE THAT THIS LECTURE HAS BEEN POSTPONED AND WILL NOW TAKE PLACE AT 5PM, 10/04/17
Notice has been received by BILA of the opportunity for any BILA member to submit an essay to win an Essay Prize/Award announced by CILA (the Comite Ibero-Latinoameriaano de AIDA), the regional grouping of AIDA.
David Kendall of Cooley (UK) LLP will be speaking about Delegated Authority Underwriting.
Mark Cannon QC will be speaking about Impact Funding Solutions –v- AIG Europe in the Supreme Court.
On Wednesday 25th January 2017, BILA is jointly hosting a seminar on Collective Redress with the US Chamber Institute for Legal Reform (ILR).
Richard Lord QC of Brick Court Chambers will be speaking about Fraudulent claims.
Peter Macdonald Eggers QC of 7 King’s Bench Walk will talk on “Joint and Composite Insurance Policies”
Steven McEwen, Partner, Hogan Lovells will be speaking about the law, rules and practice relating to the management of the assets and liabilities of insurers under Solvency II.
On the 14th October 2016, BILA is pleased to welcome Professor Rob Merkin QC, University of Exeter; Special Counsel, DLA Piper for his Annual Update on Insurance Law. The Lunchtime Lecture will be held at 1pm in The Old Library, Lloyd's, 1 Lime Street, London, EC3M 7DQ, courtesy of Lloyd's of London.
Harold Caplan 1927-2016
We report, with great sadness, the death on 6th May of Harold Caplan, CEng, FRAeS, FCIArb, one of the founders of BILA and a Life Member of the Association. Please see details contained in the below link of an event to be held in his memory on 24th June at the Royal Aeronautical Society.
http://bila.org.uk/resources/Harold Caplan Memorial Event.pdf
BILA's May Lunchtime Lecture will take place at 13:00 on Friday 15th July, 2016
Timothy Hill QC and Alexander Thompson will be speaking about business interruption insurance.
BILA's May Lunchtime Lecture will take place at 13:00 on Friday 20th May, 2016
BILA's April Lunchtime Lecture will take place at 13:00, 15th April 2016
There is a 10% discount available for BILA members - Quote booking code CLTBILA when booking to obtain this discount.
The Insurance Act 2015 contains the most extensive legislative reforms to insurance contract law in over a century and has far reaching effects on commercial and consumer insurance, as well as reinsurance. All who deal with insurance and insurers need to appreciate its significance before the bulk of its provisions come into force on 12 August 2016. This conference will look at key sections of the Act, consider their impact on policyholders, third parties, brokers, insurers and reinsurers, and where reforms may lead in the future.
BILA's March Lunchtime Lecture will take place on Friday 18th March 2016
BILA's April Lunchtime Lecture will take place at 13:00 on Friday 15th April, 2016
BILA's January Lunchtime Lecture will take place on Friday 15th January at 1pm in The Old Library, Lloyd's, 1 Lime Street, London EC3M 7HA
BILA's December Lunchtime Lecture will take place on Friday 11th December at 1pm in The Old Library, Lloyd's, 1 Lime Street, London EC3M 7HA
On the 20th November 2015, BILA is pleased to welcome Professor Rob Merkin QC, University of Exeter; Special Counsel, DLA Piper for his Annual Update on Insurance Law. The Lunchtime Lecture will be held at 1pm in The Old Library, Lloyd's, 1 Lime Street, London, EC3M 7DQ, courtecy of Lloyd's of London.
Hosted by the BILA Future Insurance Professionals' Group, in association with the Lloyd's Market Association
A series of talks giving a unique opportunity to get a 'client's eye view' of how the industry works
On the 16th October 2015 Jamie Smith QC, 4 New Square will deliver a presentation on Continuity of Insurance Coverage under English Insurance Law
Friday 16th October 2015
The Old Library, Lloyd's, 1 Lime Street, London EC3M 7HA at 14:00
Insurable interest is the most recent topic of attention of the Law Commission team responsible for the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015. This "double-header" lecture will consider the case for and against abolition of the doctrine of insurable interest, with a particular focus on interests in life assurance. As a topic, insurable interest continues to be discussed and (occasionally) litigated as new forms of insurance product (and new examples of the perverse incentives insurance can create) arise. Comparable jurisdictions (e.g. Australia) have largely abolished the requirement of an insurable interest without alarm. Insurable interest may have a significant role to play in establishing the boundary between insurance and other risk-related contracts such as gambling and credit default swaps.
On Friday 17th July 2015 BILA is pleased to welcome insurance antitrust specialist Bill Batchelor, Baker & McKenzie, Brussels, who will bring us up to date on current issues in competition law and the insurance industry.
On 20th July 2015 in the presentation rooms on the 11th floor of the Lloyd's building, BILA will host an evening presentation on the important topic of insurance subrogation.
Appointment of Professor Robert Merkin as Queen's Council Honoris Causa
The Great Hall & Bench Rooms, Lincoln’s Inn, London WC2A 3TL - Wednesday 20th May 2015 – 5:30pm
On the 20th May 2015 at Lincoln’s Inn BILA is holding one of its extremely popular mock trials. This year we will explore the legal and practical issues that could arise out of the new regime being brought in by the Insurance Act 2015.
Tabitta van Nouhuys and Natalie Vloemans will deliver a lecture on Dutch Insurance Law & Practice on Friday 8th May 2015
Michael Kingston, Partner, Marine Trade & Energy Group, DWF will deliver a lecture concerning the Polar Code on Friday 10th April 2015:
Neil Moody QC of 2 Temple Gardens, will deliver a lecture on Friday 13th March 2015 concerning Contractors' All Risk Insurance: Everything You Need To Know But Were Afraid To Ask:
Torben Bondrop of Plesner, Copenhagen, will deliver a lecture concerning the Danish tobacco litigation on 20 February 2014:
- Product liability for smoking-related damage outside the EU directive
- Public knowledge of health risks associated with smoking
- The concept of dependence, addiction or habituation
- The question of causality
- The state of the art defence (“system damage" in Scandinavia) within product liability
- Declarations of tar and nicotine - are they misleading?
- The EU Directive on product liability and claims for damages caused by cigarette smoking
- Is there room for a next case in Scandinavia on alcohol-related health damage?
The 12 December will be "Insurance Cover for Liability for Abuse2 presented by Colin Edelman QC of Devereux Chambers.
- Categories of insured exposed to liability
- Types of responsive policy
- Ambit of “insured”
Professor Rob Merkin, University Of Exeter; Special Counsel, DLA Phillips Fox will present BILA's Annual Update on Insurance Law
Over 100 law students attended BILA’s Future Insurance Professional Group annual networking event which took place on Thursday 6th November 2014.
Chris Parry (Aon Benfield), Luca Albertini (Leadenhall Capital), Charlotte Acton (RMS), and Marco Silva (SCOR) will present “Insurance Linked Securities” on 17 October at The Old Library, Lloyd's
Christian Felderer (SCOR, Zurich) and Lars Gerspacher (gbf attorneys-at-law, Zurich), Chairman and committee member, AIDA Swiss Chapter present “Key Differences between Swiss and English Insurance Law” on 19th September at Lloyd's
On 18th July 2014 "Insurance aggregation issues" will be presented by Dave Newmann and Stuart Hill of Hogan Lovells International LLP. The Lunchtime Lecture will be held at 1pm in The Old Library, Lloyd's, Lime Street, London, EC3M 7DQ, courtecy of Lloyd's of London.
Professor Hector MacQueen of Professor of Private Law at the University of Edinburgh, Patrick Layden QC, former Deputy Solicitor to the Scottish Government and Stephen Phillips, partner in the Edinburgh office of CMS Cameron McKenna will discuss “Scottish independence? The implications for the insurance market” at 1pm on 30th July 2014 at The Old Library, Lloyd's, Lime Street, London, EC3M 7DQ, courtecy of Lloyd's of London in association with the Lloyd's Market Association (LMA)
Dr Rosa Lastra of QMC will be presenting "Prudential regulation: what can insurance expect from banking regulation?" on 20 June 2014
We are collating a publication covering the last 30 years of BILA
The BILA 50th Anniversary Colloquium and Dinner bookings are open...
A message from the Chairman, David Kendall, regarding recent media coverage and the forthcoming 50th Anniversary Colloquium and Dinner
Update on Competition Law and the Insurance Sector
Dorothy Livingston (Herbert Smith Freehills) and Beckett McGrath (Edwards Wildman)
The Insurers' "Fraudulent Device" Defence: Its Existence, Scope and the Effect of Human Rights
Speaker: Chirag Karia QC
Location: The Old Library, Lloyd's, Lime Street, London, EC3M 7DQ
In association with the Professional Negligence Bar Association
Topic: “The Insurance Broker’s Changing World”
Location: Parliament Chamber, Inner Temple, London
Speakers: Glen Davis QC & Mark Arnold QC
Topic: “Directors Duties”
Location: The Old Library, Lloyd's, Lime Street, London, EC3M 7DQ
Details of BILA's response is available to BILA Members from the Research/Articles Menu, or the link below:-
On 18 October 2013 the BILA Book Prize was awarded in the Lloyd's Library on the occasion of
BILA's AGM. The winning book was "Research Handbook on International Insurance and
Regulation" edited by Julian Burling and Kevin Lazarus and published by Edward Elgar Publishing.
Speakers: Richard Jacobs QC, Gavin Kealey QC, Tom Newman, Paul Stanley QC and David Scorey
Location: Old Hall, Lincoln’s Inn, London WC2A 3TL
Cost:£160.00 (Members: £90.00)
Eagle members will discuss the latest challenges to the insurance industry and defense bar and the new and old issues making litigation in the States so unique.
The European Commission, under the auspices of the DG Justice, has set up an Expert Group to assist it in examining whether and to what extent differences in contract laws pose an obstacle to cross-border trade in insurance products
Asbestos – the Future Risk is a special report that pulls together the historical background as to how this mineral came to be so widely used; the medical view of asbestos related diseases and their treatment; the current patterns of consumption that indicate where future claims may come from; and current practice for dealing with asbestos in the built environment, exposure to which has spread asbestos-related diseases to people outside those occupations that worked directly with asbestos.
AIDA Greek Chapter (HILA)
in association with the International Association of Insurance Law (AIDA World) is pleased to announce the organization of the international conference entitled:
Life, Health and Pension Insurance in the new Economic Environment
Lloyd's of London tour starting at 17.00, followed by networking event & reception
On Friday 19 October, BILA held its AGM at the Old Library at Lloyd’s and David Kendall (partner Edwards Wildman) and Lord Justice Aikens were elected as the new Chairman and President respectively.
Read more about the BILA handover
Double win for Devereux in Insurance at the Chambers Bar Awards 2012
BILA has launched a new website
/resources/BILA presentation_ are you processing personal data lawfully 19th Jan.pptx