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17 April 2014 / Anthony Eskander , Rawdon Crozier
Issue: 7603 / Categories: Features , Commercial
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Covered up?

Is there a right to inspect a defendant’s liability insurance, ask Rawdon Crozier & Anthony Eskander

In XYZ v Various [2013] EWHC 3643 (QB), [2013] All ER (D) 278 (Nov) nearly 1,000 women who had undergone breast implant surgery were seeking damages from private hospitals for supplying them with defective implants, manufactured by a French company, PIP. The claimants’ case was that the implants were of unsatisfactory quality in breach of the Supply of Goods and Services Act 1982, s 4(2)

The claimants were concerned as to whether one defendant, Transform Medical Group (CS) Ltd (Transform), could meet a judgment and made an application under Pt 18 seeking disclosure of the relevant insurance policies. They sought the same relief under CPR 3.1(2)(m).

Pt 18 application

The claimants submitted that Pt 18 was broad enough to encompass information concerning the extent of a party’s insurance cover because it was a relevant issue in the proceedings.

Mrs Justice Thirlwall was faced with two conflicting authorities as to the ambit of Pt 18: Harcourt v Griffin

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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