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06 May 2016 / John De Waal KC
Issue: 7697 / Categories: Features , Insurance / reinsurance
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A series of unfortunate events

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Jane Austen has found her way into court to aid with interpretation, observes John de Waal QC

Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.

In AIG Europe Ltd v OC320301 LLP [2016] EWCA Civ 367, [2016] All ER (D) 121 (Apr) the Court of Appeal (Longmore, Kitchin and Vos LJJ) had to decide the natural meaning of the word “series” in a case involving alleged negligence by a firm of solicitors acting on behalf of investors buying into holiday developments in Turkey and Morocco. Innovatively, in this case, the court decided to quote not from Shakespeare or Lewis Carroll but Jane Austen’s Emma .

One Claim

The context was cl 2.5 of the Solicitors’ Minimum Terms and Conditions (MTC), entitled “One Claim”, the aggregation clause. All policies of insurance of course have a limit of cover and aggregation clauses

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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