This session will provide an overview of the professional indemnity insurance market and legal issues arising from the recently introduced Building Safety Bill, the legislative response to the Grenfell tragedy and ongoing concerns around fire safety and cladding risk.
Roger, Helen and Ben will analyse important decisions in the professional liability sphere from the past year, concerning illegality, scope of duty and abuse of process including MBS v Grant Thornton, Khan v Meadows, Hart v Large, Lawrence v Inter-Commercial Bank, Allsop v Banner Jones, Pricewaterhouse Coopers v BTI. They will also pay tribute to the late Mark Cannon Q.C who very sadly died early this year.
Hannah Farber of Columbia University will talk on how in the 18th and 19th centuries American maritime insurers used their position at the pinnacle of global trade to shape the new nation. Hannah is the author of Underwriters of the United States: How Insurance Shaped the American Founding.
The international information they gathered and the capital they generated enabled them to play central roles in state building and economic development. During the Revolution, they helped the U.S. negotiate foreign loans, sell state debts, and establish a national bank. Afterward, they increased their influence by lending money to the federal government and to its citizens. Even as federal and state governments began to encroach on their domain, maritime insurers adapted, preserving their autonomy and authority through extensive involvement in the formation of commercial law. Leveraging their claims to unmatched expertise, they operated free from government interference while simultaneously embedding themselves into the nation’s institutional fabric. By the early nineteenth century, insurers were no longer just risk assessors. They were nation builders and market makers.
Nathalie’s talk will cover developments in aggregation law and recent cases in this area.
Nathalie Koh, joined Fountain Court Chambers in October 2020 following the successful completion of her pupillage under the supervision of Ben Lynch QC and James Duffy. She is developing a broad commercial practice in line with chambers’ profile.
Nathalie graduated with a First Class degree in Law from the University of Oxford. She was awarded the Slaughter and May Prize, the Rajah & Tann LLP Prize, the Mander Law Prize, and the Michael Junior Scholarship. She later read for the BCL at Oxford, where she received the Princess Royal and Fountain Court Scholarships, as well as the Ralph Chiles Prize.
Prior to joining chambers, Nathalie was a teaching fellow at The Queen’s College (Oxford) in Trusts Law, and worked as a research assistant for the University of Oxford’s Faculty of Law on Chitty on Contracts, and Studies in the Contract Laws of Asia. She was also a legal adviser at Hackney Migrant Centre, working pro bono. Having grown up in Singapore, she is a native speaker of Mandarin Chinese and has a good understanding of the Asian markets.
In this talk Professor Ozlem Gurses will discuss the meaning of ‘proximate’ under the MIA 1906 s 55(1) (which is not confined to marine insurance). The talk will explore the adoption of the word ‘proximate’ by the pre-MIA 1906 cases which then led to the codification of the term under s 55(1) of the Act. It will discuss if the proximate cause rule has ever been the ‘last cause in time’ or whether its determination has always been a matter of construction of the way the loss has occurred and the policy terms. The talk will also question if there are any- differences between the words ‘attributable to’ and ‘caused by’ and it will explore the meaning of ‘concurrent independent and concurrent interdependent causes’. The talk will conclude on the two matters: is the word proximate misleading and if the so-called ‘concurrent causes’ rule is a theoretical analysis which finds little practical application in the authorities.
Özlem Gürses is Professor of Commercial Law at King’s College London. She specialises in insurance and reinsurance law. Özlem is the author of Reinsuring Clauses (Informa), Marine Insurance Law (Routledge), Insurance of Commercial Risks (Sweet and Maxwell), and The Compulsory Motor Vehicle Insurance (Informa) as well as numerous articles published on insurance and reinsurance related topics. Özlem sits in the British Insurance Law Association Committee and the Presidential Council of the International Insurance Law Association (AIDA). She is Vice-Chair of the Reinsurance Working Party of AIDA. Özlem teaches insurance and reinsurance law at King’s College London and abroad, including National University of Singapore, University of Hamburg and World Maritime University, Malmö.
In this webinar David McIlwaine and Stuart Davey, partners at Pinsent Masons, will look at recent case-law which may impact on data subject claims, particularly those following a cyber incident.
David heads Pinsent Masons’ international cyber practice. He is by pedigree a litigator and has over 25 years’ experience of advising clients in relation to contentious technology and data issues. He assists clients with all stages of the cyber life-cycle, including cyber readiness, incident response, regulatory investigation and challenge, and subsequent litigation. The team have advised on a multitude of cross-border cyber incidents. David completed a secondment to the legal department of the National Cyber Security Centre (part of the UK’s intelligence service), where he advised on regulatory issues, including in relation to the implementation of the Networks and Information Systems Regulations (NIS), which affects organisations that provide critical national infrastructure.
Stuart Davey is a partner in the cyber team at Pinsent Masons. He advises on cyber readiness, breach response, and litigation arising out of data breaches. Stuart advises corporate and insurer clients in responding to cyber incidents by instructing IT forensics teams, working with criminal authorities and extortion experts, and engaging credit monitoring service providers. As part of this he has assisted numerous clients with the notification of personal data breaches to regulators (the ICO, FCA and otherwise), and with the management of the resulting investigation. Post-incident, Stuart advises on data controller/processor disputes and the risks relating to data subject claims (and dealing with these claims when they arise). Stuart also advises both suppliers and customers of distressed technology projects. He is experienced in litigation, arbitration, mediation and other forms of alternative dispute resolution.
Rob Merkin QC, whose attempted retirement three years ago has proved an abject failure, is Professor of Law at the University of Reading, Emeritus Professor at the University of Exeter, Honorary Professor at Auckland University and China University of Politics and Law and Special Counsel to Duncan Cotterill. Rob is past President of BILA, honorary life President of AIDA and author of a number of works on insurance law and arbitration. He sits as an arbitrator when someone is kind enough to offer an appointment.
The recent rise in extortive cybercrime has caused great concern among policy makers. There is a common perception that cyber insurance has failed to encourage corporate customers to invest sufficiently in their cybersecurity and resilience. Moreover, insurance has been accused of fuelling the ransomware epidemic by funding ever higher ransoms, handling negotiations and facilitating payments. But is it realistic to expect that insurers contain the problem of cybercrime, absolving governments of the responsibility to act? This talk explores under what conditions competing private insurers can jointly create sustainable insurance products that serve both the needs of their customers and the public interest. Evidence from other insurance markets suggests that a fully private regime is unlikely for cyber insurance. Instead, a future regime will probably take the form of a public-private partnership, with governments providing assistance to coordinate actions, contain criminal threats, or insure systemic risks.
Anja Shortland is Professor of Political Economy at King’s College, London. Anja studies private governance in the world’s trickiest markets: hostages, fine art, and antiquities—and how people live, trade, and invest in complex and hostile territories. She has published widely on the subject of maritime crime and was part of the World Bank team developing land-side approaches to Somali piracy. Her book Kidnap: Inside the Ransom Business (OUP 2019) examines the role of insurance in ordering the market for hostages. Lost Art (Unicorn 2021) studies how insurers created sophisticated institutions to reduce the profitability of art crime, strengthen the property rights of former owners, and facilitate amicable resolutions between current and former owners.
James Davey is Professor of Insurance & Commercial Law within Bristol Law School at the University of Bristol. He recently joined Bristol Law School moving from Southampton University. His research and teaching interests lie in insurance and commercial law generally. He is currently Deputy President of the British Insurance Law Association (BILA).
This lecture will consider key developments in insurance and marine insurance law during the past twelve months, with discussion of litigation relating to business interruption insurance and COVID; fair presentation of the risk; interpretation of commercial insurance contracts, and actions under the Third Party (Rights Against Insurers) Act 2010. On the regulatory side, consideration will be given to the FCA proposal for a new ‘Consumer Duty’ regarding fair value.
An introduction into the mechanics of disputes funding and how disputes funders interact with the insurance market, followed by some real-life examples of funding resolutions and forecasts for future trends.