Are limitation of liability clauses really as effective at limiting liability as believed to be? As lawyers, we tend to provide the infuriating response of it depends. Indeed, it really depends. Such clauses are not as fool proof as thought.
Articles
Determining the ‘Proximate Cause’ of Loss / Damage – Lessons from Allianz v University of Exeter [2023] EWHC 630 and Leyland Shipping v Norwich Union [1918] AC 350
The cover provided, or not provided, by all risks policies often turns on the proximate (or dominant) cause of the damage for which the cover is sought. That is because some causes of damage, such as faulty design or defective workmanship, may be excluded whereas other causes, such as poor operation or natural perils, may be covered. This gives rise to complex disputes as to which of a number of competing causes is the proximate cause of damage.
Professional Indemnity Claims – To Settle or Not to Settle? Or Rather, When & How to Settle?
It is not often that professional indemnity claims make the headlines. That is unsurprising given that the professionals involved (whether they be architects and engineers, directors and officers, lawyers and other professionals) try to ensure that the underlying claim against them (i.e., for fraud, recklessness or negligence) goes away quickly and quietly.
Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 – One Step Forward or Two Steps Back?
As a dispute resolution hub, the Singapore Courts often considers arbitration-related issues. In Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 (“Anupam”), the Court of Appeal clarified that – pre-award stage – arbitrability of commercial disputes is determined by the proper law of the arbitration agreement and the law of the seat. Yet, deciding on the proper law may not be entirely straightforward. We share our insights below.
The Oscars. The Legal Guides and Directories. And Other Works of Fiction.
The annual film industry award ceremony, also known as the Oscars, is, with a nod to Will Smith, in full swing. And so is the back slapping and “humble bragging” that dominates LinkdIn and other social media platforms at this time of year as the legal directories publish their “rankings”. But is timing and commercially driven narcissism all they have in common? And should they both be nominated in the categories for best special effects, or make up?
Reviewing the Landscape of Blockchain Litigation in Singapore – Developments in the Last Year That Will Shape Future Matters
There has been a flurry of developments in the blockchain and cryptocurrency space in the last year. In all likelihood, there will be further developments in the new year. Would the national courts and local legal systems be sufficiently equipped to deal with the unique nature of blockchain litigation?
Roger Mellie, the Man on the Telly, on the very cusp of a Hard Market tells us: What the Adjuster Really Means When Negotiating an Insurance Claim.
In this article, we consider what guidance the legendary soccer commentator Roger Mellie, aka the Man on the Telly, might offer the cover holder when presenting and negotiating the claim, and reading both the loss adjuster and the loss adjuster’s reports.
Aggregation of Business Interruption Losses – Greggs v Zurich Insurance [2022] EWHC 2545 (Comm): Single Occurrence or Multiple Occurrences of Loss?
In Greggs v Zurich Insurance [2022] EWHC 2545 (Comm), the English Commercial Court was tasked to determine whether there was one instance (or multiple instances) of business interruption loss following the various governmental responses to control the spread of the epidemic.
Finality and Enforceability of Arbitral Awards in Singapore – Singapore Courts Continue to Uphold Policy of Minimal Curial Intervention for Arbitral Awards
In this briefing note, we touch on two recent judgments – CJA v CIZ [2022] SGCA 41 and CEF v CEH [2022] SGCA 54 – which confirmed the policy of minimal curial intervention.
LIV AND LET LIV – PROFESSIONAL GOLFERS AND INSURANCE LAWYERS – ARE THEY REALLY THAT DIFFERENT?
There has long been a connection between the golf and legal professions. One of the most celebrated is that of Bobby Jones. In 1930, at the age of 28, Jones won the grand slam of golf: the British Amateur, the Open, the U.S. Amateur and the U.S. Open all in the same year.
