FOIL
FOIL is THE representative voice of the defendant insurance lawyer community which advances a reforming agenda for a more transparent and proportionate claims environment benefiting claimants and insurers alike.
FOIL’s members are involved in all areas of insurance and comprise lawyers acting predominantly or exclusively for insurance clients (except legal expenses insurers) either practising with law firms, or as barristers or as in-house lawyers for insurers or self-insurers.
In 2017 FOIL celebrated its 25th Anniversary. The organisation is led by practising lawyers, with a revolving one-year presidency. It has a permanent Chief Executive, drawn from a non-legal insurance industry background, who leads a small expert management team responsible for driving forward long-term strategy, maintaining the timely flow of essential information to members and handling all administration. To find out more, please visit: https://www.foil.org.uk
All content by FOIL
FOIL Update - The revised Highway Code
From Saturday 29th January, the Highway Code is updated to introduce a hierarchy of road users and seven other categories of changes. This FOIL Update provides a summary of the changes.
The effect of the Civil Liability Act on higher value claims
As the Civil Liability Bill proceeded through parliament during 2018, its two separate parts appeared to be aimed at completely different parts of the personal injury claims sector. This content highlights the effect of the Civil Liability Act on higher value claims.
Question time on silent cyber
‘Silent cyber’ or ‘non-affirmative cyber’ refers to the potential cyber exposures in non-stand-alone cyber policies, which may not be implicitly or explicitly included or excluded on policy wordings. This content provides a summary of a recent discussion hosted by the FOIL Technology & Cyber SFT.
Vnuk: The position now under UK motor law
This article looks a little deeper into the announcement in February 2021 by the Transport Secretary of the government’s “plan to scrap EU law, ensuring British drivers avoid £50 a year insurance hike” and discusses what this might mean in practice.
Covid-19: APIL and FOIL best practice for mutual co-operation
A working party set up between APIL and FOIL has agreed a revised set of best practices that it is recommended their members consider and adopt where possible. Download this content to find out more.
Civil litigation post-Covid
This position paper focuses on FOIL's proposals for civil litigation reform that reflect the lessons learned during the Covid crisis.
FOIL Update - Whiplash reforms
The whiplash reforms are to be further delayed until May 2021. This FOIL Update briefly outlines the latest developments.
FOIL Update - Business interruption test cases
This FOIL Update focuses on the Supreme Court ruling that dismissed appeals against a High Court judgment on insurers paying out in Covid-related disruption on business interruption insurance policies.
FOIL Update - Roundtable on the escape of water damage claims
This content provides a summary of FOIL’s roundtable discussion which focused on escape of water damage claims. Topics covered include the rising cost of claims arising from the escape of water in domestic properties and what steps can be taken to mitigate the damage when a leak occurs.
FOIL Update - Brexit and cross border claims
This FOIL Update covers two related articles which look at the current position with cross-border claims from 11.00 p.m. on 31 December and EU proposals for a reformed Motor Insurance Directive.
FOIL Update - The impact of Brexit on motor insurance
At FOIL’s recent roundtable, three experts provided their views on the Brexit landscape as far as motor insurance law is concerned. This summary looks at the concerns expressed by the speakers and what they believe the current position to be.
FOIL Update - Business interruption insurance and Covid-19
This FOIL Update focuses on the High Court ruling on business interruption insurance and Covid-19.
FOIL Digest July 2020
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered include: FOIL in action; FOIL sector focus teams update; Ogden tables 8th edition; credit hire case law update; service of proceedings; discount rate Ireland; insurance and Covid-19.
FOIL Digest May 2020
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered include: Scottish court reform; catastrophic claims; Draft Fatal Accidents Act 1976 (Remedial Order) 2020; Law Commission consultation on automated vehicles; case law updates.
The voice: Issue 5 2020
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: news from the sector focus teams; Draft Fatal Accidents Act 1976 (Remedial Order) 2020; Law Commission consultation on automated vehicles; AXA Insurance UK Ltd v EUI Ltd.
The voice: Issue 4 2020
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: news from FOIL Sector Focus Teams; serious injury guide steering group; whiplash reforms update; higher value cases being wrongly started in the RTA portal.
FOIL Digest April 2020
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered include: digital fraud & scams during the Covid-19 pandemic; credit hire SFT; regulatory law SFT; serious injury guide steering group; coronavirus consultation update.
FOIL Update - Coronavirus
In light of Covid-19, this FOIL Update provides: further guidance from the courts on video conferencing; Court of Appeal guidance; information for the Interim Applications Court.
FOIL Update - Micromobility consultation
The Department for Transport has published its anticipated ‘Future for Transport Regulatory Review - Call for Evidence’. The aim is to “start a national conversation about how government and other regulators respond to a new wave of change in transport”. Download this FOIL Update to find out more.
Covid-19 – APIL and FOIL best practice for mutual co-operation
APIL and FOIL have set up a working party to discuss various aspects of our members’ work, which have been affected during the coronavirus outbreak. We have agreed a set of best practices that we recommend members consider and adopt where possible. Download this short guide to find out more.
FOIL Update - Covid-19 developments
In response to the Covid-19 pandemic, FOIL joined together with APIL, MASS and SCIL to call upon the Lord Chief Justice to put in place specific measures to allow more flexibility in the court process. Download this two page update to find out more.
FOIL Digest February 2020
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered: whiplash reforms update; proposal for a draft Fatal Accidents Act 1976 (FAA) (Remedial) Order 2019; the Civil Justice Council and vulnerable witnesses; rehabilitation SFT Roundtable.
The voice: Issue 1 2020
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: intelligence and the claims handler; Part 20 Court Fees; Northern Ireland update; case law developments; the continuing importance of risk assessments.
FOIL Digest June 2017
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered: Brexit; Civil Liability Bill affecting whiplash claims; GDPR; driverless cars; motor case-law round-up.
FOIL Update: The Government consults on Vnuk
If Vnuk becomes law, the categories of vehicles required to be insured will increase significantly to include, for example, children’s motorised ride-on toys and golf buggies. This article sheds light on the latest developments and the UK Government’s position.
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.
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.
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.
FOIL Digest June 2016
FOIL's Digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered: European Commission’s proposals to tackle Vnuk; Government sets out future plans for insurance for driverless cars; Government accepts the IFT’s recommendations; developments in Scotland.
FOIL update on the serious injury guide
The serious injury guide was published in October 2015 and has now been available for use for over six months. This two page article sets out the latest on the implementation of the guide.
The voice: Issue 5 2016
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: legal knowledge standards; Enterprise Act 2016; NIHL claimant loses QOCS protection; costs budgeting; insurable interest.
FOIL update: Motor claims
This article sheds light on the key issues relevant to motor claims over the past six months. Topics covered: RTA claims reforms; driverless cars; new laws affecting young drivers in Northern Ireland; credit hire claims in the portal; implications of Vnuk case for UK insurers and MID compliance.
FOIL Digest May 2016
FOIL's digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered: civil litigation review; Enterprise Act 2016; Mesothelioma Bill; bogus NIHL claim; riot damages case - Mitsui Sumitomo Insurance Co v The Mayor’s Office for Policing and Crime.
FOIL response to the Ministry of Justice's consultation on claims management regulation
In this consultation response, FOIL provides feedback on the Brady review into the regulation of claims management companies. Topics covered: market abuse; move towards personal injury claims; consumer awareness; the handling of claims for serious injury.
The voice: Issue 4 2016
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: Brady Review into CMCs; court of appeal imposes new test in aggregation case; ECJ finds claims handling is subject to VAT; European construction industry regulation.
FOIL Digest April 2016
FOIL's digest provides an overview of the latest legal issues impacting the insurance industry. Topics covered: insurance fraud and bribery; EU VAT Directive for claims handling services; legislation updates; latest Court of Appeal cases; MedCo; Brexit.
FOIL Update - Brexit: The issues for insurers and their lawyers
Reading the press at the moment you’ll see that the outcome of the Brexit vote is predicted to affect everything from premiership football teams to the safety of pharmaceuticals. This article looks at the key issues from an insurance industry perspective.
The voice: Issue 2 2016
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered: small track limit for personal injury claims; fraudulent claims; Parliamentary round-up; cost of large bodily injury claims; fixed costs in clinical negligence.
FOIL update on Insurance Fraud Taskforce report - January 2016
In response to the Insurance Fraud Taskforce’s year-long review into insurance fraud, FOIL provides a summary of the key findings. Topics covered include: small claims track limit; NIHL; limitation; defending claims; recommendations for insurers.
The voice: Issue 1 2016
Produced by FOIL, this newsletter covers the latest developments relevant to the insurance lawyer community. Topics covered include: autumn statement claims reform; Enterprise Bill amendment; Riot Compensation Bill update; third party assistance and claimant’s portal costs.