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Article 2019-11-29
Professions and Financial Lines Brief: latest decisions November 2019
In this briefing, we consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products. Issues covered include: loss of chance, the application of CPR rule 3.9, the scope of a solicitor’s duty, breach of the Quincecare duty, Section 51 Senior Courts Act 1981, extending the application of whistle-blowing protection to the judiciary and the amendment of claims when limitation is an issue.
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Case review 2019-11-26
Bankers beware: the Quincecare duty to query suspicious client requests
It is well established that a contract between a bank and its customer includes an implied term that the bank will use reasonable skill and care in and about executing a client’s instruction and will not execute instructions known to be dishonest or where there are reasonable grounds to believe that the instructions were given dishonestly. However, until recently, there was no reported case where this duty (known as the Quincecare duty) was found to have been breached.
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Article 2019-11-26
Insights from the Bank of England’s and Financial Conduct Authority’s joint report on machine learning
Machine learning is a sub-category of artificial intelligence whereby computer programmes develop predictive models or recognise patterns from data, with limited or no human intervention. In October 2019 the Bank of England and Financial Conduct Authority produced a report which outlines the findings from a joint survey they conducted earlier this year, the aim of which was to better understand the current use of ML in UK financial services.
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Article 2019-11-21
FCA pricing practices interim report: consumer protection or pricing interference?
Last month, the Financial Conduct Authority (FCA) published MS18/1.2, the interim report of its General Insurance Pricing Practices Market Study (the Market Study). The interim report sets out the FCA’s preliminary conclusions and the potential remedies that may enable the FCA to ensure that the general insurance market remains competitive and fair to customers.
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News 2019-11-13
Kennedys leads service satisfaction in London Market insurance law report
An independent and wide-ranging industry report that ranks insurance law firms across a variety of areas has seen Kennedys set the standard for service satisfaction levels.
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Article 2019-10-22
London Market Brief October 2019: cyber insights
A roundup of recent cyber related developments including: non-material damages under the GDPR; data protection laws in Asia-Pacific; cyber attacks in the education sector; regulation of cryptoassets; blockchain in the pharmaceutical industry; challenges presented by autonomous vehicles; and algorithms as a new emerging risk.
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Case review 2019-10-09
NSW Court of Appeal clarifies when aggregation clause may be triggered in a class action
In 2018 the NSW Supreme Court held that a class action brought against Bank of Queensland Limited (BOQ) by Petersen Superannuation Fund Pty Ltd (Petersen) could not be aggregated.
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Case review 2019-10-09
Investment fund administrators: liability for “gross negligence”
Decisions involving liability claims against fund administrators are relatively rare in the English courts, as they are in the courts of offshore financial centres with legal systems based on English common law.
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Case review 2019-10-08
Piercing the privilege: beneficiaries’ right to obtain legal advice provided to a trustee
In a dispute between a beneficiary and a trustee, access to legal advice received by the trustee can be of paramount importance to the beneficiary’s efforts to impeach the trustee’s conduct.
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Case review 2019-10-07
Moulin Global Eyecare: duty of non-executive directors in response to red flags
A recent decision of the Hong Kong High Court, Moulin Global is a rare example of a director of a Bermuda company being held liable to the company for breach of duty and illustrates that courts will hold non-executive directors to account for failure to take action in response to red flags as to the company’s solvency.