In Zurich Insurance PLC v Niramax Group Limited, dealing with a contract pre-dating the Insurance Act 2015, the Court of Appeal held that to establish inducement in cases of non-disclosure it was necessary for the insurer to show that the non-disclosure was an efficient cause of the underwriter writing the insurance on less onerous terms than would have been the case had the disclosure been made. It is not sufficient merely to establish that the less onerous terms would not have been imposed ‘but for’ the non-disclosure. The case highlights an issue as to whether the same result would be reached under the Insurance Act 2015. The Appellant was represented by Graham Eklund QC and Carl Troman and the Respondent by Ben Elkington QC and Ben Smiley, all of 4 New Square.
The decision is considered by Miles Harris of 4 New Square.
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Enforcement of Worldwide Freezing Orders after Brexit: this article explores the profound changes to the regime for the recognition of English judgments and interim orders on the European continent following the UK’s departure from the EU, with a particular focus on interim Worldwide Freezing Orders. The article provides practical guidance for those looking to enforce an interim order in proceedings commenced after 31 December 2020.
Sir Rupert Jackson’s talk to a group of judges on the evening of 20 April 2021.
Talk by Sir Rupert Jackson at the Astana International Financial Centre Court to Lawyers Practising In Central Asia On 1 April 2021.
Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation from drug and alcohol addiction did not amount to ‘special circumstances’ for the purposes of the court’s discretion to discharge a disqualification undertaking under section 8A of the Company Directors Disqualification Act 1986 (CDDA 1986). The decision provides important guidance on the relationship between CDDA 1986, ss 8A and 17, the latter under which a disqualified director can obtain permission to act. Written by Benjamin Archer, barrister, and Carola Binney, pupil barrister, at 4 New Square.