Updates and Briefing Papers

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

HO to be reversed

• FOIL

The Civil Procedure Rules Committee (CPRC) has at last addressed the problem thrown up for defendants by the original wording of CPR 44.14, as highlighted in the cases of Ho v Adelekun and Cartwright v Venduct. The amendments come into effect on 6th April 2023.

Claims Portal and Product Liability Claims

• FOIL

A recent post by Gordon Exall in Civil Litigation Brief (here) reported on a first instance decision concerning whether product liability claims fall within the scope of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims – commonly referred to as the ‘Claims Portal’.