Over a decade since it last did so (in HLB Kidsons v Lloyd’s Underwriters), the Court of Appeal has recently re-considered the law relating to the notification of circumstances to claims made policies. Ben Elkington QC and Josh Folkard, who acted for the Insured, will review the decision in Euro Pools v RSA  EWCA Civ 808, and discuss its potentially significant implications for insureds, brokers and insurers.
With the insurance market going through a period of significant change Lloyd’s is responding to ensure the market is positioned to take advantage of those developments as it aims to remain the market of choice. Technological and market changes are impacting the coverholder model and against this context Lloyd’s is currently undertaking its most significant overhaul of its delegated authority oversight framework for over 15 years. The changes which Lloyd’s have announced are intended to make Lloyd’s approach more risk-based and flexible, while making it easier and cheaper to do business at Lloyd’s. As Lloyd’s Head of Policyholder & Third Party Oversight, Paul Brady is responsible for leading this programme and he will be speaking to BILA about the work his team are undertaking and what it means for those who participate in the market or act as advisers to it.
BILA is pleased to welcome back Bill Batchelor, a partner of Skadden Arps, to bring us up-to-date on the work of the competition team of the UK Financial Conduct Authority. This will include an examination of the FCA’s findings, published in February this year, from their market study which commenced in 2017. Bill will look at questions left unanswered by the FCA, compliance pointers and lessons for the insurance sector. Bill will also expand his talk to look at other hot antitrust topics for the industry including the FCA’s first eye-opening competition law fine for information exchange, demonstrating the slippery slope from market intelligence to cartel conduct, as well as antitrust compliance for facilities, big data and Insurtech.
Edward W. (Bill) Batchelor has 20 years of EU and U.K. competition law experience and focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements.
David Pollard is a barrister practising from Wilberforce Chambers in Lincoln’s Inn in London. Until 2017, he practised as a solicitor and was (for 25 years) a partner in Freshfields, practising mainly pensions, employment and insolvency law. David practiced with Freshfields for three years in Singapore in the 1980s.
David was chair of the Association of Pension Lawyers (APL) from 2001 to 2003. David is an editor of the journal ‘Trust Law International’.
David’s books include:
• The Law of Pension Trusts (Oxford University Press, 2013);
• Corporate Insolvency: Pension Rights and Corporate Insolvency: Employment Rights (6th eds, December 2016, Bloomsbury Professional);
• Employment Law and Pensions (Bloomsbury Professional, 2016);
• Freshfields on Corporate Pensions Law (editor) – annual editions from 2012 to 2015 (Bloomsbury Professional).
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.
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
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.
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).
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).
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.