1,720,979 research outputs found
Special Public Bill Committee - Minutes of Evidence, Third Parties (Rights Against Insurers) Bill: Oral evidence from Professor Merkin
No full textMemorandum from Professor Rob Merkin, Professor of Commercial Law, University of Southampton
No full textSupplementary memorandum by Professor Rob Merkin to the House of Lords Special Public Bill Committee on the Third Parties (Rights Against Insurers) Ac
Reforming pre-contractual information duties of the intermediaries of the assured
No full textDiscussion as to how a change of the incidence of the agency of reinsurance brokers would operat
The Rome I Regulation and reinsurance
No full textThis paper analyses the likely effect of the Rome I Regulation on reinsurance contracts, and concludes for a variety of reasons - including the wordings used in reinsurance agreements, the use of arbitration and the relationship between the underlying insurance and the reinsurance - that the change from the Rome Convention to the Rome Regulation is likely to have at best a marginal impact on the process of ascertaining the applicable la
Singapore arbitration legislation - annotated
No full textSingapore Arbitration Legislation - Annotated discusses the Singapore Acts and the Model Law, explaining their background, purpose and how they have been judicially interpreted, using authorities from Singapore, England, Hong Kong, Malaysia, Australia and New Zealand.The following topics are covered:Background to Singapore Legislation International Arbitration Act (revised 2002, Chapter 143A) UNCITRAL Model Law 1958 (revised in 2006) Arbitration Act (revised 2002, Chapter 10) Rules of Court, Orders 69 and 69A Rules of Singapore International Arbitration Centre 2007 editio
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Privity of contract: statutory developments
Full text linkThis is the author accepted manuscript. The final version is available from Informa Law (Routledge) via the DOI in this record
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'Fraud' and fraudulent claims
No full textIn this paper we examine the meaning of the word “fraud” as it is applied in the context of fraudulent claims. We consider whether the definition and the legal treatment of fraudulent claims are appropriate. We seek to argue that the law is too rigid and that some judicial discretion would be a worthwhile modification. We also suggest that the approach of the English and Scottish Law Commissions, in their December 2011 Joint Consultation Paper demonstrates insufficient flexibility. The paper includes some reference to the position in Australia under s 56 of the Insurance Contracts Act 1984 (Cth), under which the law is, in certain circumstances, able to allow the punishment to fit the crime, a principle which in our view could be extended. We have no sympathy with fraudsters, and we do not underestimate the costs of fraud for the insurance industry and for honest claimants but, for the reasons indicated in our paper, we are wary of absolute rules and we suggest that fears that a more generous approach might amount to a fraudster’s charter are somewhat overstated
Singapore arbitration legislation
No full textSingapore Arbitration Legislation - Annotated discusses the Singapore Acts and the Model Law, explaining their background, purpose and how they have been judicially interpreted, using authorities from Singapore, England, Hong Kong, Malaysia, Australia and New Zealand.The following topics are covered:Background to Singapore Legislation International Arbitration Act (revised 2012, Chapter 143A) UNCITRAL Model Law 1958 (revised in 2006) Arbitration Act (revised 2002, Chapter 10) Rules of Court, Orders 69 and 69A Rules of Singapore International Arbitration Centre 2013 editio
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The Insurance Act 2015: rebalancing the interests of insurer and assured
Full text linkThe Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 years after Lord Mansfield articulated the routinely-cited principle of utmost good faith in insurance law in Carter v Boehm (1766) 2 Burr 1905, that principle has been recast, with important implications for both the pre- and post-contractual duties of the parties. The Insurance Act has also imposed important restrictions on the enforcement of policy terms by insurers, and clarifies the law affecting fraudulent claims. The Marine Insurance Act 1906, a codifying measure, looks increasingly outmoded
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