26 March 2019
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case 1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. Claimants can access liability insurance policy proceeds even when the policyholder is in liquidation and deregistered. Exclusions should be carefully...
01 March 2019
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event occurs, not when indemnity is declined and, as a result, a policyholder’s court proceedings which were commenced more than 6 years after the date of the...
07 February 2019
Insurance and reinsurance disputes annual review 2018 published
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2018, 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.
24 October 2018
Coverage for 'Doomsday or Armageddon' data breach class actions
Insurance implications of the Court of Appeal's decision to confirm Morrisons' vicarious liability for employee's deliberate actions We recently updated you on the Court of Appeal's decision in Wm Morrisons Supermarkets Plc v Various Claimants  EWCA Civ 233. Click here for our full analysis...
21 September 2018
European Private Equity Review, Autumn 2018 Edition
The Herbert Smith Freehills European Private Equity Review highlights legal developments of particular significance for European financial sponsors and shares our experience of trends across the European private equity landscape and opportunities for growth.
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
24 May 2019
The Future of Consumer Series
The Consumer industry is under constant pressure to keep pace with regulatory intervention and change; disruptive technologies; consumer preferences; and business model adaptations. In this series of insights we tackle these issues highlighting the legal challenges and consequences with the aim to...
22 May 2019
CMA director disqualification cases signal greater focus on individual liability for breach of competition rules
On 10th May 2019 the CMA secured the disqualification of three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services sector. The three directors have given legally binding disqualification undertakings under which they will be banned from...
21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
21 May 2019
Foreign Direct Investment Podcast: Episodes 1-4 now available
Herbert Smith Freehills and Global Counsel have joined forces to explore the key issues affecting foreign direct investment from a legal and political perspective. Each podcast looks at how specific regimes across the world shape wider global trends, covering what transacting parties should be...
20 May 2019
The next step in the battle for data? EU Commission opens formal investigation into Ireland's insurance market
On 14 May 2019, the EU Commission (" the Commission ") announced that it has opened a formal antitrust investigation into Insurance Ireland, an association of insurance companies active in Ireland (" Investigation "). The association administers a database (Insurance Link), to which its member...
20 May 2019
Africa Day 2019 celebration in London
Join us at Herbert Smith Freehills LLP for an event in honour of international Africa Day on Monday 20 May 2019. Africa Day is a global annual celebration of the founding of the Organisation of African Unity, as well as independence and development across the continent.
16 May 2019
A mega boost for the mega projects of the future
At a business breakfast in Perth on Wednesday 15 May, Bill Shorten announced an important policy the ALP will pursue if it achieves Government after this weekend’s election. The initiative will enable greenfield enterprise agreements to be struck for a period which covers the whole of the...
16 May 2019
The Dynamics of Diversity
Organisational diversity is not a new concept. It is increasingly being recognised that a diverse workforce and leadership team are not only necessary but also a strategic asset. Less well understood are the reasons why diversity initiatives either flourish or founder, if they are implemented at...