Özlem Gürses is Professor of Commercial Law at King’s College London. Her research focus is all aspects of insurance and reinsurance law. Özlem sits in the British Insurance Law Association Committee and the Presidential Council of the International Insurance Law Association (AIDA).
This lecture will consider key developments in insurance during the past twelve months. The topics to be covered will include actual and constructive total loss, breach of warranties and conditions under the Insurance Act 2015, the duty of fair presentation of the risk, damages for late payment, insurable interest, subrogation immunity in con-insurance, sue and labour, business interruption insurance, employers’ liability insurance and anti-suit injunctions.
This lecture will be preceded by the award of the BILA Book Prize and then followed by the Annual General Meeting (Members Only)
Venue This event will take place in person at The Old Library, Lloyd’s of London, One Lime Street, London, EC3M 7HA.
IMPORTANT
For admittance to Lloyd’s, please make sure to bring along your Lloyd’s pass if you have one or else photo ID (driving licence, passport or work ID with company logo and full name).
This event will be recorded for the benefit of our members.
BOOKING FOR THIS EVENT IS NOW CLOSED
Doing the right thing: Can insurance law respond to future social, ethical, and environmental challenges?
This event will take place on the 11th October 2022 and be held at The Old Library, Lloyd’s of London, One Lime Street, London, EC3M 7HA
Time: 3.30 -5.30 pm
To be followed by drinks
To celebrate BILA’s first in-person event the conference and drinks are being offered at no charge to attendees.
Programme
The event will consist of two panel discussions
Panel 1: Translating climate and environmental aspirations into insurance reality
Chaired by Dr Franziska Arnold-Dwyer, Director of the Insurance, Shipping and Aviation Law Institute at Queen Mary University of London
Dr Franziska Arnold-Dwyer is a Senior Lecturer and the Director of the Insurance, Shipping and Aviation Law Institute at the Centre for Commercial Law Studies at Queen Mary University of London. Prior to returning to Academia, Franziska practised law in the Insurance Litigation Group at Clifford Chance LLP. Franziska is the author of ‘Insurable Interest and the Law’ and one of the executive editors of O’Neill and Woloniecki’s ‘The Law of Reinsurance in England and Bermuda’. She has published several papers on insurance law and is contributing author to LexisNexis and Westlaw on insurance law. She is the deputy editor of the BILA Journal, regularly speaks at insurance law and industry events and is a member of the PRICL Drafting Committee. She assisted the Law Commission and the Scottish Law Commission with their insurable interest reform project.
Topics include:
- Net zero insurance products
- Tools available to encourage good ESG behaviours
- Supporting a sustainable energy transition
- Greenwashing
- Reputational risk and insurance
Panel 2: Insurability and other ethical and legal issues involved in the availability of insurance.
Chaired by Peter MacDonald Eggers KC
Peter MacDonald Eggers KC is the current Chair of BILA and has practised as a commercial barrister at 7KBW since 2000. Peter specialises in all aspects of commercial law, with a particular focus on insurance and reinsurance, shipping and transport, energy, commodities and international trade, financial services, professional negligence, and international investment projects. Peter appears before the Commercial Court, the Court of Appeal and the Supreme Court and in commercial and international arbitrations. Peter has also appeared before Courts in other jurisdictions.
In 2017, Peter MacDonald Eggers KC was appointed by the Lord Chief Justice as a Deputy High Court Judge, assigned to the King’s Bench Division.
Topics include
- Insurability of fines and penalties
- Ransoms
- Sanctions
- Artificial intelligence, automation and insurance cover
Panel speakers:
Dr Juan Duan, Head of Financial Climate Risk, Beazley Group
Juan Duan is Head of Financial Climate Risk at Beazley. Juan provides strategic leadership on financial climate risk at Beazley, responsible for embedding climate risk into underwriting, coordinating climate risk initiatives across business functions, and strengthening technical capabilities on managing climate risk.
Juan worked at the Bank of England for over five years where she held a number of senior catastrophe and climate risk roles. Prior to the Bank of England, she was a Research Associate at AIR Worldwide (now Verisk). She holds a PhD in hydrology and climate change from Imperial College London.
Ryan Bond, Head of Climate and Sustainability Insurance and Innovation, Marsh
With more than 20 years’ insurance industry experience, Ryan is responsible for leading the global development of insurance solutions that support Marsh’s clients through the climate transition and help them achieve their commitments around sustainability and climate change
Prior to his current role, he was most recently Chief Executive, UK and Ireland, of Bowring Marsh, Marsh’s international placement business. Mr. Bond is a board member of the British Insurance Brokers’ Association (BIBA) and is also Chair of BIBA’s International & Wholesale Advisory Board.
Nigel Brook is a partner at international law firm Clyde & Co, where he specialises in reinsurance. He is founder and co-lead of the firm’s global Resilience and Climate Risk practice and advises and presents on climate change issues including duties of care, liability and governance.
Professor Özlem Gürses, King’s College London, School of Law
Özlem Gürses is Professor of Commercial Law at King’s College London. Her research focus is all aspects of insurance and reinsurance law. Özlem sits in the British Insurance Law Association Committee and the Presidential Council of the International Insurance Law Association (AIDA).
Greig Anderson, Partner, Herbert Smith Freehills
Greig is a partner in the Insurance & Professional Risks team at Herbert Smith Freehills. He has a broad experience of acting for policyholders, brokers, insurers and reinsurers on insurance coverage disputes under all classes of insurance and across all sectors. He has particular expertise in advising clients on insurance claims arising from cyber incidents and in the context of crisis management. He has acted on some of the largest and most complex claims in the market, including recently acting for the FCA in its ground-breaking successful claim in relation to coverage for business interruption losses arising from COVID-19. Greig is a ranked in Chambers UK 2022 (UK-wide Insurance: Mainly Policyholders) and Legal 500 UK 2023 (as a Next Generation Partner) for both insurance litigation (for policyholders) and insurance and reinsurance litigation.
Richard Neylon, Partner, Head of Complex Environments, HFW
Richard is a partner in the London office of the international law firm HFW. He heads the firm’s global Complex Environments team (www.hfw.com/Complex-Environments).
He specializes in resolving major incidents and disputes for marine, property, liability, war, kidnap & ransom and special risks underwriters and their assureds.
He has particular expertise in managing and resolving incidents in complex and hostile environments. He has played a central role in coordinating and resolving over 150 hijacking, kidnapping, extortion and detention cases worldwide over the last 15 years, dealing with the initial incident through to managing the recovery and post-recovery phases. He has helped secure the release of over 1,800 hostages. He also regularly deals with unlawful detentions, drug seizures, fraud and similar complex problems that companies which operate globally can become exposed to.
Richard is also a recognised specialist in handling major marine casualties. He is often involved when trouble flares up for the shipping industry. He has handled the majority of piracy/hijacking cases off East and West Africa. He is now heavily engaged dealing with the complexities arising from the conflict in Ukraine – where he acts for the war insurers of 17 vessels that were stranded in Ukrainian ports when war broke out.
Sushma Ananda, Barrister, 7 King’s Bench Walk
Sushma has a broad commercial practice with a particular emphasis on insurance and reinsurance, professional negligence, shipping and international trade, and international arbitration.
Sushma has been instructed in a wide variety of commercial disputes both as sole counsel and as a junior. Sushma has appeared in the Supreme Court, Court of Appeal, Commercial Court, county courts and in many international arbitrations (including LMAA, LCIA, ICC, ARIAS, SIAC and Bermuda Form arbitrations). She has undertaken advocacy on her own in many of these forums, including successfully appearing against counsel more senior than her. Sushma also often works as part of a wider counsel team in complex commercial disputes leading to lengthy trials.
Sushma’s highlighted cases include the 2020 COVID-19 business interruption test case (at first instance and in the Supreme Court) brought by the FCA against eight insurers, including Ecclesiastical Insurance Office plc and MS Amlin Underwriting Ltd (Sushma’s clients); the recent Stonegate Pub Company v MS Amlin and others (2022) litigation which is expected to decide a number of the most important COVID-19 business interruption issues left undecided by the test case; Ferster v Ferster [2016] EWCA Civ 717, a case concerned with the unambiguous impropriety exception to without prejudice privilege; and Involnert Management v Aprilgrange Limited [2015] 2 Lloyd’s Rep 289, a multi-million euro professional negligence claim in the Commercial Court concerned with the insurance of a super yacht.
Sushma was called to the Singapore Bar in February 2015. She is ranked in Chambers & Partners in Insurance & Reinsurance and the Legal 500 in Insurance & Reinsurance, International Arbitration, Professional Negligence, Shipping and Commodities. In October 2010 Sushma was cited by Legal Week as one of the “Stars at the Bar”.
Sushma also accepts arbitration appointments. She has acted as an arbitrator appointed by the LCIA Court. She is also on the panel of arbitrators for the Lloyd’s Arbitration Scheme, Tiers 1 and 2.
She is also a Non-Executive Director of the Bar Mutual.
IMPORTANT
For admittance to Lloyd’s, please make sure to bring along your Lloyd’s pass if you have one or else photo ID (driving licence, passport or work ID with company logo and full name).
BOOKING HAS NOW CLOSED FOR THIS EVENT, IF YOU HAVE BOOKED YOU WILL RECEIVE DETAILS SHORTLY
An invitation to watch the BILA Young Professionals Mock Trial
“Things left unsaid: non-disclosure under the Insurance Act 2015”
Wednesday 5 October 2022 at 6.00 p.m. – 7.30 p.m (Registration from 5.45pm)
Venue: The Lloyd’s Library
Guest Judge: Mr Justice Picken
Please join the BILA YP Committee to watch Rebecca Jacobs take on Douglas Grant (both of 7KBW) in a mock trial to tackle currently undecided issues in relation to non-disclosure under the Insurance Act 2015.
Rebecca has a broad commercial practice, with a particular emphasis on insurance and reinsurance, international arbitration, jurisdiction and conflicts of laws, commodities, shipping, and general commercial and contractual disputes. She is regularly instructed in matters spanning Chambers’ practice areas, both as sole and as junior counsel. She has appeared led in the Commercial Court and in arbitration and unled in the High Court and the County Court.
Douglas is a commercial barrister specialising in arbitration, insurance, civil fraud, commodities, shipping and general commercial disputes.
Proceedings will be presided over by our guest Judge, Mr Justice Picken, who will be giving judgment on the evening following submissions by Rebecca and Douglas. Mr Justice Picken was appointed a High Court Judge in June 2015, becoming one of the Judges of the Commercial Court the following year. In addition to sitting in the Commercial Court, Mr Justice Picken is authorised to sit in the Financial List and the Administrative Court, as well as in other Queen’s Bench Division work, including crime.
We look forward to you joining us to see how this novel point of law will be decided.
BOOKING IS NOW CLOSED FOR THIS EVENT
Please email office@bila.org.uk if you require assistance.
Graham Reid acts for lawyers, their insurers, and those who wish to use lawyers. He defends claims against larger firms; advises on legal services regulatory issues; sets up novel kinds of law firms; defends SRA investigations and disciplinary proceedings; drafts SLAs, policies, terms of business and similar; and advises firms on risk management issues, self-reporting and internal investigations.
This talk looks at the role of the panel lawyer acting for an insurer, especially one that is jointly instructed by the insurer and insured. It considers the legal limits of a joint defence retainer; how conflicts of interest can be avoided and managed; how TCF obligations interact with a panel lawyer’s duties; how subrogation retainers can be safely constructed; and related matters. The focus is very much from the insurers’ perspective, and with a view to getting the best out of panel law firms.
BILA YP is excited to announce its Speed Mentoring event, which will provide the opportunity for fantastic career insight from a host of senior names across insurance law private practice and the Market.
This event will offer the chance for many one-on-one discussions, in order to provide a helpful insight into career paths, development and advice on “dos” and “don’ts” in the profession.
Full mentor information will be provided to attendees nearer to the event to allow you to come with your questions at the ready!
The Speed Mentoring Event will be followed by our Summer Social Drinks nearby, with precise location details to be confirmed shortly. All BILA YP members are welcome to the Summer Social Drinks, not just those attending the Speed Mentoring Event.
Timings:
5.45pm: Arrival and Registration
6pm: Speed Mentoring begins
7pm: Speed Mentoring ends
7.30pm: Summer Social Drinks
Speed Networking Location: AIG, The AIG Building, 58 Fenchurch Street, London EC3M 4AB
Summer Social Drinks Location: Brewdog Outpost Tower Hill, 21 Great Tower St, London EC3R
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.
This talk will review the remedies available under the Insurance Act 2015, the continuing influence of the principle of the utmost good faith, and how the law might be developed by the Courts in dealing with a variety of issues untouched by the Insurance Act 2015.
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.
Roger Stewart QC
Call: 1986 Silk: 2001
Roger has almost 30 years of experience working for every type of client in relation to disputes all over the world. Recognised as one of Chambers & Partners ‘Stars at the Bar’ and winner of the 2020 ‘Professional Negligence Silk of the Year’ award, Roger has received numerous plaudits being described in the Directories as “a great cross-examiner who is absolutely razor sharp and has an amazing facility in court”; “he is phenomenal and has cross-examination skills beyond compare”; “if something looks like it might turn into a fight he’s your man”; “Every word he says counts”; “a modern silk: he’s straightforward, courteous and clever” whose “top reputation has led to him being instructed on some of the highest-profile cases that have been fought”. Roger is one of the three general editors of Jackson & Powell on Professional Liability (Sweet & Maxwell, 8th Edition 2017) and has been an editor since the 3rd Edition (1992). He has won “Professional Negligence Silk of the Year” four times. He is a Recorder and appointed to sit in the Technology and Construction Court.
Click here to view Roger’s website profile.
Helen Evans
Call: 2001
Helen is a leading barrister practising in professional negligence, fraud, disciplinary and insurance work. She is due to be appointed QC in March 2022. Helen is ranked by the legal directories as a leading junior in the fields of professional liability, insurance and professional discipline. In 2021 she was named Junior of the Year in the Professional Negligence category by Chambers and Partners. The Legal Directories describe her as “one of the most highly regarded barristers in the field”, “highly sought after for her professional negligence expertise” and “considered a go-to by solicitors.” Helen has been listed as a recommended junior for professional liability work for some years by Legal 500, Chambers and Partners, Who’s Who Legal and Legal Experts.
Click here to view Helen’s website profile.
Ben Smiley
Call: 2009
Ben has a broad commercial practice, with a particular focus on international disputes, insurance, professional liability work, costs and sport. Ben is named a “Leading Junior” in Chambers & Partners and Legal 500. He is described as “an extremely effective advocate who often out-performs his more senior opposing counsel. He is incredibly well prepared and has a sharp focus on the detail”; “highly adept at dealing with complex issues and difficult clients under extreme time pressure”; “an emotionally intelligent advocate who can adapt his style when necessary”; “a formidable advocate in court and has achieved some remarkable victories.” Ben edits the chapter of Jackson & Powell on Professional Liability on accountants and auditors. In 2021, he was shortlisted for Professional Negligence Junior of the Year by Chambers & Partners.
Click here to view Ben’s website profile.
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.