Regulatory Legal Advice
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Regulatory Legal Advice
FOIL Update: Establishing fraud and 'fundamental dishonesty'
There have been a number of appeal judgments over the past month on the issue of whether at first instance a judge was right to find that the claimant was dishonest. This FOIL Update sheds light on three recent cases concerning fraud and fundamental dishonesty.
Legal collective actions: The ins and outs of opting out
The Consumer Rights Act enables actions to be brought on an opt-out collective action basis, meaning competition law claims can be brought on behalf of a clearly defined cohort of claimants save those who take the positive decision to opt out. This article highlights the implications.
Taking contaminated land out of the equation
When it comes to the clean-up of contaminated land, responsibility can often sit with the owner of the land or even the occupier of the site. This article highlights the value of contaminated land insurance and the options for purchasers if a search identifies a potential contamination issue.
The vexing issue of summary applications in Scotland
Within the evolving legal landscape of personal injury, lies a piece of legislation to which Pursuers’ firms are becoming more alive when considering the merits of an injured party’s claim. This article sheds light on The Administration of Justice (Scotland) Act 1972.
“Setting aside” fraudulent personal injury settlements north of the border
The UK Supreme Court unanimously held that where a party has settled a claim despite suspecting fraud, the settlement agreement can subsequently be set aside should that party later discover evidence confirming fraud. Could we expect to see the same result if a similar case was raised in Scotland?
FOIL Update: Driverless cars
This FOIL update sheds light on the UK Government’s plans on the future insurance arrangements needed to deal with advanced driver assistance systems (ADAS) and the changes it proposes to the Highway Code and the Road Vehicle (Construction and Use) Regulations.
FOIL Update on Brexit after the referendum
The political ramifications of the Brexit vote still have a long way to run, and the commercial and financial consequences will not be known for some time. But what happens now? FOIL’s Update highlights the insurance industry’s initial response and the UK’s position following the referendum vote.
Video: Improving access to justice
The FCA’s review into add-ons has pushed legal expenses insurance into the spotlight. In this video, Post's Katie Marriner joins Arag’s Tony Buss and Higos' Ian Gosden to find out what the future holds for legal expenses insurance and what makes a firm stand out in terms of broker service.
Legal update: Wearable technology
Developments in safety-related wearable technology in the workplace bring both benefits and risks. This article provides some top tips for employers and their insurers.
The voice: Issue 6 2016
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: cost budgeting; Vnuk judgement and vehicle definition; driverless cars; Government accepts IFT recommendations; three key issues in Scotland.