Commercial Insurance
Find out more about DWF's Commercial insurance team
The Court of Appeal decision in Dreamvar - a fresh perspective
The recently handed down Court of Appeal judgment in the combined appeals in P&P v Owen White, Catlin and Another and Dreamvar v Mishcon de Reya and Another has received a great deal of coverage…
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(Not, in fact) Futile Devices
Some 18 months ago, we wrote an article entitled 'Futile Devices', setting out the Court of Appeal's views on the vexed question of the effectiveness of 'No oral modification' ('NOM') clauses in…
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GDPR's here! Now what?
Keeping clinical patient records is part of a healthcare professional’s duty. Ensuring that the records are kept safe was a legal requirement under the Data Protection Act 1998. As of 23 May 2018 it…
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Paper trail can be the right path
Can an insurance broker's duty to elicit information and advise be discharged by standard written documents? Cases such as Environcom had suggested not, but Avondale Exhibitions Limited v Arthur J.…
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Commission proposes to clarify Motor Insurance Directive to maintain Vnuk ruling
The European Commission has released the outcome of deliberations on the operation of the scope of the Motor Insurance Directive ("the Directive") which it began following the highly publicised CJEU…
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Fitness for Purpose: Light at the end of the tunnel?
In October 2017 we reported on the well-publicised Supreme Court’s decision in MT Højgaard v E.ON ("Højgaard") which held that a fitness for purpose obligation required the contractor to achieve a…
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Steel v NRAM: Supreme Court holds that solicitor did not owe opposing party a duty of care
The Supreme Court has unanimously held that a borrower's solicitor did not owe the lender on the other side of the transaction a duty of care. The decision involved consideration of the principles…
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New Consultation on the Effectiveness of Changes to the Construction Act and the Use of Retentions in the Construction Industry
Andrew Macleod considers two recently launched Government consultations on the effectiveness of changes to the Construction Act and the use of Retentions in the Construction Industry.
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Fitness for Purpose: When €26.25 million hangs by a thread
The Supreme Court has clarified some important principles in contract interpretation and the duties imposed on parties overturning the decision of the Court of Appeal, to hold that a fitness for…
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