Commercial Insurance
Find out more about DWF's Commercial insurance team
Construction Adjudication for low value disputes: TeCSA Low Value Disputes Adjudication Service CIC Low Value Dispute Model Adjudication Procedure
Whilst the object of construction adjudication is to reach a fair, rapid and inexpensive (if, sometimes, broad brush) decision of a dispute arising under a construction contract, increasingly parties…
Read more
Defendants' difficulties when making strike out / summary judgment applications on limitation grounds in professional negligence claims
In 2000, PwC ("the Defendant") was instructed by Mr and Mrs Evans ("the Claimants") to advise on the sale of company shares from a trust.
Read more
Courting Disaster
In April 2018, we reported on the decision in Woodward and Another v Phoenix Healthcare, where the Court retrospectively validated service of a Claim Form after expiry of its validity despite it not…
Read more
Changes to Road Traffic Act 1988 and declarations of policy avoidance
On 1st July 2019 the Department for Transport placed before Parliament the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 which will amend the Road Traffic Act 1988.…
Read more
Court of Appeal imposes broad direct obligation on MIB in Lewis v Tindale
Amy Jeffs and Charlie Mahoney consider the Court of Appeal's judgment in MIB v Lewis, looking at the original decision, the basis on which the MIB brought the appeal, the court's judgment, and the…
Read more
Solicitors' Retainer Letters, Implied Duties
The recent case of Capita Pension Trustees Ltd & Anor v Sedgwick Financial Services Ltd & Ors[2019] EWHC 314 (Ch) is interesting in so far as it provides helpful guidance as to the principles…
Read more
Adjudicator slips up at the crucial moment
The slip rule is a well-established principle that applies to court, arbitration and adjudication proceedings and allows for the correction of accidental mistakes or errors in the outcome of such…
Read more
Mears Limited v Costplan Services (South East) Limited and Others [2019] EWCA Civ 502 – the Court of Appeal considers the issue of practical completion for the first time in 50 years.
The case concerns a dispute that arose from the development of two blocks of student accommodation at Notte Street in Plymouth ("the Development").
Read more
Supreme Court provides guidance on Road Traffic Act and policy interpretation
The Supreme Court has unanimously allowed the motor insurer's appeal in R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd. The decision provides welcome clarity on the scope of the Road Traffic…
Read more
Widening access to FOS for small businesses: FCA publishes policy statement on increasing the FOS financial award limit
Following the release of its plans to extend access to the Financial Ombudsman Service to more SMEs from 1 April 2019, the Financial Conduct Authority has now confirmed the level of increase in the…
Read more