header-logo header-logo

Giving notice

19 February 2009 / Julian Miller , Sara Robertson
Issue: 7357 / Categories: Features , Company , Tax , Insurance / reinsurance
printer mail-detail

Julian Miller & Sara Robertson advocate honesty and openness from the outset of insurance policies

In HLB Kidsons v Lloyd’s Underwriters [2008] EWHC 2415 (Comm), [2008] All ER (D) 137 (Dec) a tax manager in Kidson’s Edinburgh office raised concerns relating to tax schemes marketed by a subsidiary, S@FI. The manager was of the view the schemes were fundamentally fl awed and could be considered unacceptable tax avoidance. Uncommonly, there appears at that stage to have been no complaint from a third party or potential claimant.

Initially, in a letter of 31 August 2001, Kidsons brought certain concerns to the attention of a placing, rather than a claims, broker. The letter referred to the fact that the Inland Revenue could be critical of some procedures followed by S@FI, mentioned that an investigation would be carried out by a retired Inland Revenue official, but indicated that there was no sign of a claim.

While it was common ground that that letter was not a valid notification of circumstances

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll