Autumn 2007
The use of computer simulation evidence in court
To what extent have the courts embraced new technology in delivering a modern-day, cost effective, justice system? Whilst there has been a steady increase in the use of telephone and video conferencing by the courts, computer-generated sequences or "computer simulation", another method of presenting evidence in court, has struggled to be accepted to any great degree in the English legal system. Although it is occasionally used in public inquiries, tribunals and Coroners Courts, it is very rarely used in civil cases in this jurisdiction, despite its widespread use in other jurisdictions. We look here at the legal issues which have emerged surrounding its use in civil cases.
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Autumn 2007
New corporate manslaughter offence in 2008
Under the present law it is extremely difficult to convict a company of corporate manslaughter. In order to obtain a conviction it is necessary to show that an individual at a very senior level within the company has personally done something which amounts to gross negligence. Such a senior individual is then regarded as the directing mind of the company with the result that the individual's actions can then be ascribed to the company to obtain a conviction.
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Autumn 2007
Quick summaries of other key changes for those involved in disputes
The privilege against self-incrimination, which exempts a person from being compelled to disclose a document or provide information which might incriminate them is well established in English law and there are few statutory exemptions. Recently a broad judicial interpretation of the effect of section 13 of the Fraud Act 2006 has further limited when a party can rely on the privilege.(Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others).
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Autumn 2007
Resolving disputes using expert determination
Expert determination can be a cost-effective effective method of resolving disputes, particularly those involving technical/valuation issues between parties to a contract. They are often limited to valuation issues, with other types of dispute being referred to court or arbitration. Expert determination clauses are included in a broad range of contractual agreements, from the sale and purchase of assets or shares, to construction contracts and lease valuations.
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October 2007
News from Helix
- London Market Update;
- View from the US - John West;
- Duncanson & Holt Update;
- Postcard from the Riviera;
- Conference Attendance;
- Market News.
Download (pdf)
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October 2007
Insurer bound by statements made by its broker in covering fax when placing reinsurance - Limit No 2 Ltd v Axa (Formerly Albingia Versichering AG) [2007] EWHC 2321 (comm)
Facts
On 4 July 1996 the reinsurance brokers retained by the Lloyds Syndicates approached Albingia, by fax, offering participation in a first loss 12 month fac/oblig reinsurance treaty. The fax consisted of a cover sheet, a slip and an information sheet which attached statistical information. The fax cover sheet, contained the following statement:
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Autumn 2007
Reinsurance and International Risk team (RIRt) Notes
- What will 2008 hold for Reinsurers?
- EU inquiry into business insurance - the end of the beginning?
- Bigger floods?
- Class actions over here....?
- Follow clauses no coverage guarantee
- Preparing for Solvency II
- Arbitration: still a valid means of resolving disputes?
- Arbitration update
- Events and seminars
Download (pdf)
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