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).
Professor Green was appointed as Law Commissioner for Commercial and Common law on 01 January 2020. She was previously Professor of Private Law at the University of Bristol. Prior to that, she was Professor of the Law of Obligations at the University of Oxford, and, before that, a lecturer at the University of Birmingham from 2001 – 2010. Before embarking on her academic career, she was a software consultant at Accenture.
Andrew McGahey and David Strahan of Kennedys (Dublin) will provide an overview of the key features of the Consumer Insurance Contracts Act 2019, the implications of its phased commencement during 2020 and 2021 and how it compares to consumer insurance law in England and Wales.
Alison Padfield QC
Alison Padfield QC is a barrister specialising in commercial dispute resolution. She has particular expertise in insurance and reinsurance, professional conduct/discipline and regulation, and professional liability.
Alison is the author of Insurance Claims (Bloomsbury Professional). The 5th edition of Insurance Claims has gone to press and will be published this month.
Alison won Insurance Silk of the Year at the Chambers & Partners UK Bar Awards 2020.
Decision-making by (re)insurers – limits on contractual rights
In this lecture, Alison will discuss the impact of Braganza v BP Shipping Ltd and look at how the developing principles might apply in various contexts such as:
- Clauses requiring ‘proof satisfactory to insurers’ (PHI – current status of Napier v UNUM)
- Requirements for insurers’ consent
- Claims control clauses
- Innocent non-disclosure clauses (UK Acorn Finance v Markel)