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16 June 2011 / Peter Tyldesley
Issue: 7470 / Categories: Features , Insurance / reinsurance
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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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