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FCA consultation on British Steel redress scheme published

Published on 31 Mar 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

Treating customers fairly

Published on 13 Apr 2021.

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we are joined by James Daley, founder of Fairer Finance, and we will be discussing the concept of treating customers fairly.

Recruitment in the insurance industry

Published on 22 Dec 2020.

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is Paul Miller, Senior Consultant at HFG Insurance Recruitment, and our topic for discussion will be recruitment in the insurance industry.

Tax incentives for HK Insurance market

Published on 24 Jul 2020. By Andrew Carpenter, Partner

First proposed in December last year, the Hong Kong Legislative Council has now passed a measure that will reduce profits tax on several insurance businesses.

Building on renewable energy

Published on 03 Feb 2020.

2019 was potentially a significant year for the renewable energy industry. Record temperatures and environmental catastrophes highlighted the need to reduce carbon emissions and make greater use of sources of renewable energy, and political parties championing green policies saw – for the most part – their share of the vote increase both domestically and internationally.

Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 Oct 2019. By Nick Bird, Partner and Laura Stocks, Partner

The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

General liability newsletter - August 2019

Published on 05 Aug 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter April 2019

Published on 30 Apr 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter February 2019

Published on 11 Feb 2019.

The latest general liability news coming out of the courts.

Product liability update November 2018

Published on 30 Nov 2018.

A round-up of product liability news and stories making the headlines.

General liability newsletter November 2018

Published on 01 Nov 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter July 2018

Published on 09 Aug 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

General liability newsletter April 2018

Published on 30 Apr 2018. By Gavin Reese, Partner, Head of Regulatory

Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

General liability update October 2017

Published on 17 Oct 2017. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

“Last man standing”

Published on 14 Jul 2017. By Alan Stone, Partner

What duties does a monitoring surveyor owe to a lending bank?

Health and safety law update, June 2017

Published on 09 Jun 2017.

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 Mar 2017. By Robert Morris, Partner

In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

Solicitors duty to warn - when does it arise?

Published on 01 Mar 2017.

The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

General Liability update, January 2017

Published on 18 Jan 2017. By Gavin Reese, Partner, Head of Regulatory

In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

A new and better approach to claims against financial advisers?

Published on 03 Oct 2016. By Robert Morris, Partner

A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

Product Liability Update August 2016

Published on 04 Aug 2016.

In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

Winning the battle but losing the war

Published on 22 Jul 2016.

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

Published on 06 Jul 2016.

The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

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