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04 September 2009 / William Flenley
Issue: 7383 / Categories: Opinion , Public
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Not to be forgotten

William Flenley hopes civil law reform will sit high on the government’s agenda

AXA Insurance Ltd v Akther & Darby [2009] EWHC 635 (Comm), [2009] PNLR 25 is the latest in a long line of cases grappling with the cause of action accrued in a claim in tort for economic loss. It is another example of the court distinguishing the House of Lords’ reasoning in Law Society v Sephton [2006] 3 All ER 401. CLE was a company which provided after-the-event insurance to members of the public. It relied on a panel of solicitors to vet claims and (i) only to accept claims with chances of success of greater than 50%, and (ii) to notify insurers if subsequent events reduced the chances of success below 50%.

It is now said that the panel solicitors were negligent in either vetting or subsequently reporting on 26,000 claims and £65m is claimed from the solicitors. Limitation issues arose in relation to 7,383 claims. This led to a two day preliminary trial and a detailed and helpful judgment

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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