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16 August 2007 / Julie Nazerali , Julie Vandenbussche , Katie Lamb
Issue: 7286 / Categories: Features , EU , Competition , Commercial
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The science of risk management

The EC’s Solvency II proposals will change the face of insurance regulation, say Julie Nazerali, Katie Lamb and Julie Vandenbussche

The European Commission’s Solvency II proposal (Comm 2007/361) has finally been issued after years of preparation, analysis and consultation with stakeholders and interested parties.

Since the 1970s, when the EU began developing a legislative framework to facilitate the development of a single market in insurance services and secure an adequate level of consumer protection, the science of risk management has evolved, new products have been launched and new risks have emerged.

The Solvency II proposal aims to meet these new challenges, not by increasing the overall levels of capital requirements—ie how much an insurance firm must put aside to meet any claims that may arise—but rather by ensuring a high standard of risk assessment and efficient capital allocation.

THREE PILLAR APPROACH

The Solvency II approach is based on three pillars which interact with each other.

Pillar I

This defines the financial resources an insurance company needs

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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
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