header-logo header-logo

16 June 2011 / Peter Tyldesley
Issue: 7470 / Categories: Features , Insurance / reinsurance
printer mail-detail

Reform at last?

In the first of two articles reviewing proposals to reform insurance law, Peter Tyldesley is optimistic about the momentum for change

The Consumer Insurance (Disclosure and Representations) Bill was introduced into the House of Lords by Lord Sassoon and received its first reading on 16 May 2011. Based on a report jointly published by the English and Scottish Law Commissions on 15 December 2009, the Bill amends three areas of consumer insurance law which have been subject to particular criticism: non-disclosure, misrepresentation and basis of the contract clauses. If passed, the new law can be brought into force not less than a year and a day later. It is therefore possible that the commencement date could be as early as 2013.

The introduction of the Bill is a significant achievement for the Law Commissions. Insurance law has long been recognised as archaic, unclear and unfair (159 NLJ 7376, p 961-962 & 159 NLJ 7387, p 1358-1360) but earlier proposals for reform from the Law Reform Committee in 1957 and from the English Law Commission in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll