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19 February 2009 / Julian Miller , Sara Robertson
Issue: 7357 / Categories: Features , Company , Tax , Insurance / reinsurance
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Giving notice

Julian Miller & Sara Robertson advocate honesty and openness from the outset of insurance policies

In HLB Kidsons v Lloyd’s Underwriters [2008] EWHC 2415 (Comm), [2008] All ER (D) 137 (Dec) a tax manager in Kidson’s Edinburgh office raised concerns relating to tax schemes marketed by a subsidiary, S@FI. The manager was of the view the schemes were fundamentally fl awed and could be considered unacceptable tax avoidance. Uncommonly, there appears at that stage to have been no complaint from a third party or potential claimant.

Initially, in a letter of 31 August 2001, Kidsons brought certain concerns to the attention of a placing, rather than a claims, broker. The letter referred to the fact that the Inland Revenue could be critical of some procedures followed by S@FI, mentioned that an investigation would be carried out by a retired Inland Revenue official, but indicated that there was no sign of a claim.

While it was common ground that that letter was not a valid notification of circumstances

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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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