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21 April 2016
Issue: 7695 / Categories: Legal News
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Indemnity claims ruling

The Court of Appeal has ruled on the question of when indemnity claims are “aggregated” (treated as a single claim), in an important case on solicitors’ professional indemnity insurance. In AIG v OC320301 LLP [2016] EWCA Civ 367, AIG argued that claims with a potential value of £10m brought by investors against the insured solicitor should be aggregated so as to limit its liability under the policy to £3m rather than about £11m. The dispute involved allegations of negligence by investors who lost money from property developments in Morocco and Turkey. Allowing the appeal but remitting the case to the Commercial Court for trial, Lord Justice Longmore held that a “relationship of some kind between the transactions relied on” was sufficient to aggregate the claims. However, “there must be some restriction on the concept of relatedness and the most satisfactory approach is that the relation must be an intrinsic relationship not an extrinsic one”.

James Denison, Forum of Insurance Lawyers member and associate at Weightmans, says: “Transactions must still be ‘intrinsically related’ for the clause to bite and that remains a narrow test.”

Issue: 7695 / Categories: Legal News
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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