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18 January 2007 / Ling Ong
Issue: 7256 / Categories: Features , Insurance / reinsurance
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Company abuse

Ling Ong analyses an exceptional case of attribution in the context of an insurance policy exclusion clause

It is often unclear when acts of individuals can be attributed to an insured, but the Court of Appeal addressed this in the context of an exclusion clause under a liability policy in KR v Royal & Sun Alliance plc [2006] EWCA Civ 1454, [2006] All ER (D) 42 (Nov).

The action arose from various claims concerning physical and sexual abuse suffered by residents in children’s homes, in north Wales, owned and operated by Bryn Alyn Community Holdings Ltd. The homes were originally started up by John Allen. After the company took over the homes, Allen remained a director and chief executive until his resignation in October 1991; he was the majority shareholder until 1989.

In 1995, Allen was convicted of six offences of indecent assault on young male residents between 1972 and 1983. Civil proceedings were subsequently brought against the company by a number of ex-residents claiming abuse—in some cases by Allen, in other cases by heads

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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