Wills & Trusts Law Reports | Winter 2018 #170The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.
The following questions arose:
- A. Could a trust corporation lawfully act as a deputy?
- B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy?
- C. How shou...
David Sawtell reviews the impact of Excalibur ‘Having chosen to leave everything in the hands of Excalibur and Clifford Chance, the funders had to bear the burden of the costs caused to the defendants.’ Litigation funders have an important role to play in commercial litigation. As part of the research for his review of civil …
Continue reading "Insurance: Funding a losing battle"
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David Niven and David O’Brien examine the perils of pursuing indemnity insurers For the deductible to apply to each and every claim without aggregation would have resulted in no pay-out at all under the policy. In high-value professional negligence claims against small firms of solicitors, claimants will often be entirely reliant upon those firms’ professional …
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Alison Padfield examines legal developments in before the event legal expenses insurance ‘The decision in Eschig has been widely interpreted as an indication that the European Court of Justice will interpret the LEI Directive as not permitting any restriction on the freedom to choose a lawyer other than those limited restrictions expressly set out in …
Continue reading "Insurance: Just in case"
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