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20 September 2013
Issue: 7576 / Categories: Case law , Law digest
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Insurance

Mitsui Sumitomo Insurance Co (Europe) Ltd and another company v The Mayor's Office for Policing and Crime [2013] EWHC 2734 (Comm), [2013] All ER (D) 96 (Sep)

In a case arising out of claims concerning damage to a warehouse during the London riots of 2011, two preliminary issues were before the court. First, whether the losses claimed by the claimants, insofar as proved, arose out of the injury to, or the destruction of, a building or the destruction of any property therein, by any persons riotously and tumultuously assembled together within the meaning of s 2(1) of the Riot (Damages) Act 1886 at the warehouse on 8 August 2011. Second, whether consequential losses, including loss of profit and loss of rent, were in principle recoverable pursuant to s 2(1) and/or 2(2) of the Act. The court ruled, first, that the group of youths who had attacked, looted and set fire to the warehouse had been “persons riotously and tumultuously assembled together” within the meaning of the Act. There was no doubt that the elements of the statutory offence of riot

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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