21 July 2021
How much detail of potential claims is needed prior to renewal?
When it comes to renewing “claims made and notified” policies (such as D&O insurance and Professional Indemnity), policyholders must be careful to disclose full details of any facts known to them which have the potential to give rise to a claim, otherwise they run the risk of disentitling...
31 March 2021
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement was not covered because: the units in an ASX-listed trust the subject of the proceedings were not “securities”; and the proceedings arose from...
11 February 2021
Insurance and Reinsurance Disputes annual review 2020
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2020, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market.
22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
15 January 2021
Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others . Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders.
19 November 2020
Update on Covid-19 Business Interruption Insurance: A Further Win for Australian Policyholders
Policyholders have won the first of a number of Australian test cases about insurance cover for Covid-19 related business interruption losses. In a 5-0 decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases notified under the “...
06 November 2020
Update on Covid-19 Business Interruption Insurance Claims – Australian Test Cases
In previous editions of Catalyst ( here and here ), we explained what was happening in the UK test case on business interruption insurance cover for financial losses associated with Covid-19 and the actions taken by authorities in response to Covid-19, which was largely resolved favourably to...
22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
25 October 2021
Covid-19 Market Disclosures and Managing the Associated Litigation Risks
Since the start of the pandemic many listed companies have sought to strengthen their balance sheet by raising additional capital from shareholders. This article considers the types of disclosures relating to Covid-19 that have been made to the market when doing so, the potential litigation risks...
25 October 2021
Australian Consumer Law - 10 Years Old and Really Growing Up
During this session our diverse group of panellists, including representatives from the ACCC, Telstra and Choice, explored the impact of the ACL on corporate Australia, the role of enforcement as compared to other forms of regulatory persuasion, the management of ACL risks within a large...
25 October 2021
Final Report of the Select Committee on Australia as a Technology and Financial Centre: No more ‘light touch’ regime but an opportunity missed
The Senate Select Committee on Australia as a Technology and Financial Centre produced its Final Report on 20 October 2021 which supplements its recommendations in its first two interim reports. For the Committee’s recommendations in its second interim report, see our Article available here .
25 October 2021
SPACs in the City: the emerging litigation and regulatory risks in England and Wales
SPACs scorched the US stock markets last year, with the UK left out in the cold. While the recent crackdown by the Securities and Exchange Commission (SEC) is cooling investor interest in the US, the UK regulators are hoping that changes to the regulatory framework will bring some SPAC sunshine to...
21 October 2021
UK National Security and Investment Act 2021: what do investors need to know?
This is an updated version of our briefing published on 30 April 2021 On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national...
20 October 2021
Video series: watch key insights shared on the Future of Work
18 months of upheaval in the shape of the pandemic has led to big questions for employers across the globe – many are still unsure how to answer. To support the launch of our flagship Future of Work [link] report, this video series offers digestible highlights across a range of topics including...
20 October 2021
The View from Brussels: Are we headed for a UK-EU Trade War?
The dispute over the Protocol on Ireland/Northern Ireland The Protocol on Ireland/Northern Ireland to the UK Withdrawal Agreement is proving hard to implement. The European Parliament Research Service has produced a useful summary . The UK government has even suggested reneging on it but pulled...
18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.