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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 of Flaux J which occupies nearly 40 pages in the

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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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