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Dispute Resolution Law Blog

19 May 2016

Out with the old and in with the new: The Insurance Act 2015 modernising 100 year old rules of insurance law

The Insurance Act 2015 (the “Act”) received Royal Assent on 12 February 2015 and comes into force on 12 August 2016. 

A reform of the insurance law regime is long overdue as the main piece of legislation that still forms the basis of British insurance law (the Marine Insurance Act 1906) was passed when Edward VII was on the throne. The times, and the British insurance market, have changed somewhat in the intervening years.  The Insurance Act 2015 is intended to bring the law up-to-date to fit the modern insurance market.

Jemma Brimblecombe

17 May 2016

Legal Update: Court considers dismissed bankruptcy petition following party’s misleading conduct

Varden Nuttal Ltd v Michelle Louise Baker (2016)

It was decided that a bankruptcy order should have been made in circumstances where the debtor had misled the creditors when agreeing and entering into an Individual Voluntary Arrangement (“IVA”).
 

21 April 2016

Conveyancers’ joint responsibility for fraudulent transaction

The recent decision in Purrunsing v A’Court & Co [2016] EWHC 789 (Ch) (“Purrunsing”) may prove to be a landmark judgment in the realm of property fraud.  For the first time, a defrauded purchaser has brought a claim which tests the reasonableness of the seller’s conveyancer’s conduct, even though no duty of care is owed to the purchaser and there were no allegations of dishonesty or fraud on behalf of the seller’s conveyancer. 

19 April 2016

Battle of the beneficiaries

The much publicised war of words and threat of an inheritance dispute brewing between Lynda Bellingham’s adult sons and her third (surviving) husband Michael Pattemore is all too familiar. We have seen a steady increase in fall-outs over wills in part as a consequence of families becoming more complicated and in particular, disgruntled children who are unhappy with their provision or treatment at the hands of a step-parent.

Katherine Pymont

8 April 2016

Submitting to the Jurisdiction of the English court

If you are a defendant to proceedings and wish to challenge the jurisdiction of the English court but you also need to take steps in the proceedings, how can you do so without losing your right to challenge jurisdiction?  This issue was examined in the case of Peretz Winkler and another v Angela Shamoon and others [2016] EWHC 217 (Ch) (15 February 2016) (Bailii).

Fiona Simpson

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