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Reform at last?

16 June 2011 / Peter Tyldesley
Issue: 7470 / Categories: Features , Insurance / reinsurance
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In the first of two articles reviewing proposals to reform insurance law, Peter Tyldesley is optimistic about the momentum for change

The Consumer Insurance (Disclosure and Representations) Bill was introduced into the House of Lords by Lord Sassoon and received its first reading on 16 May 2011. Based on a report jointly published by the English and Scottish Law Commissions on 15 December 2009, the Bill amends three areas of consumer insurance law which have been subject to particular criticism: non-disclosure, misrepresentation and basis of the contract clauses. If passed, the new law can be brought into force not less than a year and a day later. It is therefore possible that the commencement date could be as early as 2013.

The introduction of the Bill is a significant achievement for the Law Commissions. Insurance law has long been recognised as archaic, unclear and unfair (159 NLJ 7376, p 961-962 & 159 NLJ 7387, p 1358-1360) but earlier proposals for reform from the Law Reform Committee in 1957 and from the English Law Commission in

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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