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Brokers

Published on 14 Jan 2025. By Daniel Charity, Associate

The claims inflation seen in the market over recent years continues to pose a significant risk in relation to underinsurance, putting brokers at risk of negligence claims where an insured finds its cover insufficient to compensate for its losses. Industry research indicates that over 40% of commercial properties are underinsured, and claims managers are increasingly having to have difficult conversations with underinsured property owners. The impact of underinsured losses can be catastrophic for customers, particularly when policies contain average clauses. Insufficient property damage cover can also lead to longer business interruption periods, which are also not adequately insured. Brokers are playing a crucial role in seeking to tackle the underinsurance crisis and should continue to have frank discussions with clients and provide detailed advice on the implications of underinsurance in the event of a claim, including the application of average clauses.

Life sciences

Published on 14 Jan 2025. By Dorothy Flower, Partner

COVID-19 continued to dominate life sciences headlines in 2024. The COVID-19 Inquiry has continued in earnest. Module 3, which focussed on the impact of the pandemic on healthcare systems has recently concluded. Damning evidence has been heard about the immense toll on healthcare staff, and the detrimental impact on NHS waiting times.

Pensions

Published on 14 Jan 2025. By Iain Anderson, Partner and Toby Savage, Partner

A key development in 2024 has been the Court of Appeal's ruling in Virgin Media v NTL Pensions Trustees II Ltd [2024] EWCA Civ 843, which has significant implications for contracted out final salary pension schemes. The court confirmed that any amendments affecting guaranteed minimum in these schemes must be accompanied by a so-called Section 37 actuarial conformation. Without this confirmation, the amendment is deemed void, regardless of whether such confirmation would have been granted had it been sought at the time of the amendment.

Procedure, Damages and Costs

Published on 14 Jan 2025. By Jonathan Wyles, Of Counsel

Alternative Dispute Resolution received a boost in 2024, when the Civil Procedure Rules were amended to expressly empower the court to order ADR. These changes follow the December 2023 judgment in Churchill v Merthyr Tydfil [2023] EWCA Civ 1416, in which the Court of Appeal concluded that it was lawful for the court to order parties to engage in ADR, provided the process does not interfere with the parties' access to a judicial determination.

USA

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

In this chapter of our Annual Insurance Review 2025, we look at the main developments in 2024 and expected issues in 2025 for the USA.

Aviation

Published on 14 Jan 2025. By Naomi Vary, Partner

In this this inaugural aviation chapter of the Annual Insurance Review, it would be impossible not to focus on the continuing upheaval wrought by the Russian invasion of Ukraine. The aviation industry, which had largely weathered the disruption of the Covid pandemic, has been faced with new challenges since February 2022. Closure of European airspace to Russian aircraft, and of Russian airspace to aircraft from "unfriendly" countries, has forced route networks to adapt. Western sanctions which prohibited the supply of aircraft to Russian airlines have derailed longstanding relationships between Western aircraft lessors and their Russian customers. Prohibitions on the provision of insurance have similarly impacted aviation business models.

Contingency

Published on 14 Jan 2025. By Naomi Vary, Partner and Robert Morris, Partner

The contingency chapter of the Annual Insurance Review returns after a break. At the time of the 2022 update we expected the events market to rebound following the pandemic, although there remained lingering questions regarding entry requirements. Moving to 2024, the COVID restrictions appear to be a thing of the past, with attendance at events depending on a personal risk assessment rather than a vaccine passport or negative test. Despite the inevitable litigation following declinature of COVID claims, events and the contingency market have returned to normality.

Political Risk and Trade Credit

Published on 14 Jan 2025. By Naomi Vary, Partner and Robert Morris, Partner and Iain Anderson, Partner

For the previous two years we have started our review with commentary on the war in Ukraine and, unfortunately, its continuation means we are obliged to do so again. Last year we indicated that positions were entrenched, but as we head into 2025 it appears Ukraine's prospects are becoming gloomier. Support from the United States is likely to be less forthcoming under the new presidency and if there is still territory to be gained it is likely Russia will take advantage of this. Accordingly, underwritten assets deeper into western Ukraine are increasingly becoming at risk of the types of losses seen across the market for the last couple of years.

General liability

Published on 14 Jan 2025. By Charles Appleby, Senior Associate and Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Thom Lumley, Partner

This has been a dramatic year for cases involving fundamental dishonesty. In Williams-Henry v Associated British Ports Holdings Ltd, the King's Bench Division found that the Claimant, who had suffered a moderately severe brain injury, had dishonestly exaggerated her symptoms and attempted to inflate the value of her claim by over £1million. Although liability was admitted and, but for her dishonesty, she would still have been entitled to damages just under £600,000, the Court dismissed the whole of her claim. The Judge found that, given the extent of her deception, there would be no substantial injustice to the Claimant by her losing the genuine elements of her claim along with the dishonest ones.

Warranty & Indemnity

Published on 14 Jan 2025. By Dorothy Flower, Partner and Sian Morgan, Partner

We predicted last year that 2024 would see deal volumes increase, owing to improving market conditions. Indeed, a pullback in inflation (and stabilisation of the cost of capital) has led to a rising M&A market, with notable growth among larger deals. Among European markets, the UK has been particularly active, reflecting perceived political stability following the decisive general election result (2024 was a bumper year for elections, too).

Class Actions and Collective redress

Published on 14 Jan 2025. By Lucy Dyson , Partner

The UK group litigation/ class action landscape continues to expand, particularly in an environmental and consumer context. Whilst we still have no US-style "opt-out" class action regime for civil claims (opt-out class actions are only viable in respect of competition law infringements), the available mechanisms for seeking redress on behalf of multiple claimants, continue to be tested.

Climate risk and biodiversity

Published on 14 Jan 2025. By Lucy Dyson , Partner

2024 closed with the conclusion of COP29 and COP16 conferences. COP29 continued discussions in relation to financing greener energy projects and compensation of developing countries in the Global South for loss and damage as a result of extreme weather events.

Toxic Torts and Legacy Exposures

Published on 14 Jan 2025. By Lucy Dyson , Partner

As predicted in last year's review, PFAS/ forever chemicals continued to dominate the toxic tort stage during 2024, with litigation rapidly expanding outside of the USA.

What 6 key challenges will insurers face in 2024?

Published on 11 Jan 2024. By Simon Laird, Global Head of Insurance

Climate change, Artificial Intelligence and ESG top this year's predictions in latest edition of Annual insurance review from international law firm RPC

Annual Insurance Review 2024: Procedure damages & costs

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Procedure damages & costs.

Annual Insurance Review 2024: Product liability

Published on 11 Jan 2024.

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Product liability.

Annual Insurance Review 2024: Construction

Published on 11 Jan 2024. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Zoe Eastell, Partner

In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Construction.

Annual Insurance Review 2023

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.

What are the 8 key concerns insurers will face in 2023?

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.

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Take 10 - 20 December 2024

Published on 20 Dec 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 6 December 2024

Published on 06 Dec 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 21 November 2024

Published on 22 Nov 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 8 November 2024

Published on 08 Nov 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 14 October 2024

Published on 14 Oct 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 – 26 July 2024

Published on 26 Jul 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

The High Court continues interim anti-harassment injunction

Published on 24 Jul 2024.

At a return date hearing on 12 July 2024, Aidan Eardley KC (sitting as a Deputy High Court Judge) continued until trial or further order an anti-harassment injunction granted to prevent the Defendant from, amongst other things, approaching or contacting the Claimant.

The Supreme Court clarifies the law on the recovery of damages for non-pecuniary damage arising out of a maliciously false statement

Published on 18 Jul 2024.

The Claimant was an employee of the second defendant, LCA, a recruitment agency owned and operated by the first defendant. After leaving LCA, the Claimant was employed by another recruitment agency and began targeting LCA's clients. LCA's owner told two third parties, one of whom was the Claimant’s new line manager and the other a client of LCA, that by doing this the Claimant was in breach of her contract of employment with LCA. In fact, there was no term of that contract (as the owner of LCA knew) which prohibited the claimant from soliciting business from LCA’s clients.

Take 10 - 12 July 2024

Published on 12 Jul 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 25 June 2024

Published on 25 Jun 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 6 June 2024

Published on 06 Jun 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

Take 10 – 23 May 2024

Published on 23 May 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 – 9 May 2024

Published on 09 May 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 – 26 April 2024

Published on 26 Apr 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 – 28 March 2024

Published on 28 Mar 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 15 March 2024

Published on 15 Mar 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 4 March 2024

Published on 04 Mar 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 15 February 2024

Published on 15 Feb 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 5 February 2024

Published on 05 Feb 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 12 January 2024

Published on 12 Jan 2024. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Ofcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act

Published on 12 Jan 2024.

In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.

Take 10 - 4 December 2023

Published on 04 Dec 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 20 November 2023

Published on 20 Nov 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 31 October 2023

Published on 31 Oct 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Jake Cotterill, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 13 October 2023

Published on 13 Oct 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Jake Cotterill, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

Take 10 - 29 September 2023

Published on 29 Sep 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Jake Cotterill, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.

The Online Safety Bill is set to become law

Published on 21 Sep 2023. By Rupert Cowper-Coles , Partner, Media and Nadia Tymkiw, Senior Associate

The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.

Take 10 - 15 September 2023

Published on 15 Sep 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Jake Cotterill, Associate

Welcome to RPC's Media and Communications law update. This month's edition on key media developments and the latest cases.