Updates and Briefing Papers

Implementation of the extended fixed recoverable costs (FRC) regime: October 2023

• FOIL

The CPRC has published draft details of the changes to fixed recoverable costs that will come into force on 1st October 2023, including the new Intermediate Track.

Extending Fixed Recoverable Costs (FRC) CPR (23)1

• FOIL

The minutes of the Civil Procedure Rules Committee for 3rd March 2023 contain the following information in relation to the extension of FRC.

Westminster Legal Policy Forum: Next steps for Alternative Dispute Resolution (ADR) in England and Wales

• FOIL

A number of eminent speakers looked at the future of mandatory dispute resolution in the courts of England & Wales and at the current position in Scotland.

Preparation of financial loss claims – an examination of various heads of claim

• FOIL Northern Ireland

Final presentation from Nicola Niblock and the event held on 21 March 2023

Part 36 and split liability offers

• FOIL

Mundy v TUI UK Limited (2023) EWHC 385 (Ch)

Superior Courts – applications to strike out proceedings

• FOIL Ireland

Amendments to CPR Confirmed

• FOIL

The Ministry of Justice has confirmed two important sets of amendments to the Civil Procedure Rules.

D&O Coverage for Corporate Behaviour and Breaches of Climate Change Commitments

• FOIL

A panel of three experts looked at the impact of climate change issues on the potential liability of company directors and officers. The issues considered included: • Knowledge and education • Greenwashing • Types of claims • Supply chains • Regulation • Activist claims

Interpreting Lugano II

• FOIL

Wan and others v UBS AG (2023) EWCA Civ 222

Can Reinsurers Encourage Environmentally Sustainable Underwriting?

• FOIL
• London Market FOIL

A panel of experts discussed the extent to which reinsurers are able to influence and drive good ESG practices on both a national and global basis.

UK Parliament Call for Evidence on Whiplash Reform and the Official Injury Claim service (OIC)

• FOIL

The OIC became live in May 2021 and data collected up to 31st December 2022 shows that 424,835 claims were submitted, of which 38,438 (9%) were brought by unrepresented claimants and 386,397 (91%) by claimants who had sought legal representation. 76,873 claims have been settled since the launch of the service.

Interpreting an applicable law and jurisdiction clause

• FOIL

Al Mana Lifestyle Trading LLC and others (claimant/respondents) v United Fidelity Insurance Company PSC and others (defendant/appellants) (2023) EWCA Civ 61