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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
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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