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.
In this seminar Nick Bird looks at the key developments in professional indemnity insurance for solicitors including a review of the MTC, observations on the key issues affecting the market, and the latest case law affecting policy terms.
Always Look on The Bright Side of Life – an overview of the life insurance sector
- What is life insurance and how does it differ from indemnity insurance
- Insurable interest
- Use of Life Insurance as an investment tool
- Use of Life Insurance in tax affairs
- Presentation of the Risk
- Common coverage disputes
Manoj Vaghela is a partner in Charles Russell Speechlys’ Litigation Dispute Resolution team. He specialises in handling complex and high value disputes, often with an international element and usually involving insurance.
He has led and managed teams of lawyers from various countries on complex multi-party and multi-jurisdictional insurance and reinsurance disputes arising out of Life Insurance, Business Interruption Insurance, Bermuda Form Insurance, Clinical Trials, Cyber Liability, Construction All Risks, Professional Liability, Management Liability, D&O, Commercial Crime, Trade Credit and Product Recall.
Manoj specialises in shareholder disputes and is a specialist on product safety. He has worked with a consortium of leading academics and research scientists on the GUIDEnano project for the European Union investigating the safety aspects of nanotechnology.
The session will focus on:
The reinsurance of captive and fronting insurers give rise to complex legal issues. These include duties of fair presentation of the risk to the captive/front and to the reinsurer, the operation of cut-through clauses, and the impact on the reinsurance of the original insured’s and insurer’s obligations under the direct insurance. The lecture will address these and other issues.
Peter MacDonald Eggers QC is a barrister practising at 7 King’s Bench Walk in London specialising in all aspects of commercial law, with a particular emphasis on insurance and reinsurance. Peter practised as a solicitor before being called to the Bar by the Middle Temple in 1999. He was appointed a Queen’s Counsel in 2011. He is co-author of Good Faith and Insurance Contracts and Carver on Charterparties, author of Deceit: The Lie of the Law and The Vitiation of Contractual Consent, and a Contributing Editor of Chitty on Contracts. He teaches at University College London and King’s College London. Peter is a Deputy Judge of the High Court and sits as an arbitrator. Peter has most recently appeared as counsel in Enemalta v Standard Club Asia, Axis Corporate Capital v ABSA Group, Aegean Baltic Bank v Renzlor Shipping, Generali Italia v Pelagic Fisheries and Aspen Underwriting v Credit Europe. Peter is currently Chair of BILA.
Colin Edelman QC and Andrew Burns QC in conversation about some of the new cases and issues covered in the 2021 edition of their book.
Martin Moore QC will examine the current state of the law on Part VII insurance business transfers following the Court of Appeal judgment plus a few observations on possible future trends.
Described in Chambers and Partners as “An adviser of the highest quality on company matters, who is regularly instructed on some of the largest and most complicated takeovers and transactions”/
Martin is a leading Silk for company law litigation and advice, corporate finance, financial services and insolvency.
He has particular expertise in large-scale, complex corporate transactions and reorganisations (including takeovers and mergers), schemes of arrangement, and schemes for the transfer of insurance, and banking business (Part VII transfers).