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GDPR (General Data Protection Regulation)

11 January 2018

The coming into effect of the General Data Protection Regulation (GDPR) in May 2018 will introduce important changes requiring greater vigilance over compliance if fines are to be avoided.

Employer found vicariously liable in data leak class action

08 January 2018

The High Court finds Morrisons vicariously liable for the criminal actions of its employee in posting almost 100,000 of its employees’ personal data on the web. Insurers may wish to look closely at the wording of their employer’s and public liability policies to check the extent of what they might be covering.

Data protection: UK Data Protection Bill starts process through House of Lords

25 October 2017

The UK government published the Data Protection Bill (the Bill) on 13 September 2017. Its second reading and initial debate took place in the House of Lords on 10 October 2017. Once the wording is finalised and ratified, the resulting Act of Parliament will replace the Data Protection Act 1998 (the DPA 1998) and provide a comprehensive framework for data protection in the UK. The resulting legislation will be in addition to the General Data Protection Regulation (GDPR), which will apply directly to the UK from 25 May 2018.

Data protection: Practical problems in processing medical information under the GDPR

11 August 2017

Insurers and service providers need to comply with the General Data Protection Regulation (GDPR) by 25 May 2018, but as the wording currently stands, it is not workable in respect of processing medical information in an insurance context.

Judicial review: Financial Ombudsman decision

08 March 2017

In judicial review proceedings, the Court agreed to quash a Financial Ombudsman Service decision (FOS) (that involved an applicant with cognitive problems) in circumstances where the Ombudsman provided insufficient reasons for departing from the relevant law regarding misrepresentation.

Meaning of “unlikely ever” – less than 50% probability test not applied

17 November 2016

Does the Australian Court of Appeal’s interpretation of “unlikely ever” in a Permanent Total Disablement insurance policy claim suggest that the English courts might also veer away from the mathematical “probability test” approach?

High Court sets aside FOS awards obtained by fraud

19 May 2015

High Court agrees insurer and FOS defrauded and therefore sets aside two FOS awards and declares them unenforceable. 

Insurance Brief - March 2015

27 March 2015

Welcome to this month’s edition of Insurance Brief.
In this issue, we report on three recent High Court decisions. The first concerns an anti-suit injunction granted to restrain proceedings brought against a P&I Club in Turkey to give effect to a “pay to be paid” clause in the insurance policy.

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