We keep you up-to-date on emerging market issues and their impact on the insurance sector,
through a variety of publications, events and our leading market initiatives.
With insurers seeing an increase in Late Notified Claims since lockdown, Counter-Fraud Partner Ben Leech takes a look at key considerations for detecting fraudulent LNCs.
Complex Injury Partners Jamie McCabe and Andrew Underwood analyse the recent case of Chaplin v Pistol 2020 EWHC 1543 (QB), where the High Court dismissed an application by the defendant to rely on statistical evidence on the issue of life expectancy, a similar application having been rejected at earlier CMC in July 2019.
Mark Hall, Strategy Director for Motor Personal Injury, examines the longer term impact of the pandemic lockdown on claims volumes, severity and changing claimant market behaviours. With the whiplash reforms still intended for April 2021, is Covid-19 now the catalyst for a structural review of claims delivery and strategy in a post pandemic claims world?
For some time now Scottish practitioners have been warning clients about the introduction of Qualified One Way Costs Shifting (QOCS) in Scotland. In 2018 the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act was enacted, setting out the legal framework for QOCS. However, the necessary court rules implementing QOCS are yet to be published.
Clarissa Dumolo, solicitor in Keoghs’ Marine, Ports and Offshore team, discusses the latest instalment of the Atlantik Confidence claims. In this important case involving marine fraud, the Supreme Court has put a stop to underwriters’ attempts to recover monies paid out in a scuttling incident in the jurisdiction of England and Wales.
Some recent decisions from specialist costs judges bring back into focus the question of how the indemnity principle interacts with approved budgeted costs and good reason to depart under CPR 3.18.