header-logo header-logo

Not to be forgotten

04 September 2009 / William Flenley
Issue: 7383 / Categories: Opinion , Public
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll