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23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Building contract

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC), [2012] All ER (D) 150 (Nov)

It was well established that, in principle, “basis of contract” clauses and warranties in relation to insurance were enforceable in law and not contrary to law or public policy. The enforceability would generally come about either by such clauses or warranties being incorporated within the contract of insurance or as a stand-alone warranty by the insured given to the insurer through the proposal form or other document in which the “basis of contract” expression or declaration was given. If the insured had innocently or otherwise signed a document, usually the proposal, as the basis of the insurance contract entered or to be entered into, which confirmed (either to the best of the insured’s knowledge or belief or absolutely) as true the contents of that document, the insurance contract would be void or unenforceable if the contents were untrue. The contract of insurance, whether contained in the policy itself or any other documents such as the quotation or a

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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