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England and Wales Case Law

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Partnership law [2021] EWHC 598 (Ch)

Prasad v Hanif

Prasad v Hanif [2021] EWHC 598 (Ch) (16 March 2021)

Partnership dispute between two GP partners over indemnity for employee claims, property interests, account adjustments, and alleged unauthorised expenses.

  • Partnership dissolution
  • Indemnity for employee claims
  • Constructive trusts
  • Partnership property
  • Unfair dismissal
  • Legal expenses insurance
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Insurance law [2020] EWHC 2903 (Comm)

Ukegheson v Gresham Insurance Company Ltd & Ors

Ukegheson v Gresham Insurance Company Ltd & Ors [2020] EWHC 2903 (Comm) (09 November 2020)

Summary judgment in a legal expenses insurance dispute. Most of the claimant’s contract, fraud, and distress claims failed; only EAT appeal costs remained for assessment.

  • Legal expenses insurance
  • Summary judgment
  • Breach of contract
  • Fraudulent misrepresentation
  • Damages for distress
  • Costs assessment
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Contract law [2016] EWHC 193

PM Law Ltd & Motorplus Ltd & Ors

PM Law Ltd & Motorplus Ltd & Ors [2016] EWHC 193 (QB) (05 February 2016)

The High Court struck out PM Law’s policy-based claims and granted summary judgment for Motorplus, holding PM Law had no title to sue under the policies.

  • Strike out applications
  • Summary judgment
  • Legal expenses insurance
  • Agency
  • Third party rights
  • Restitution
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Contract law [2016] EWHC 193 (QB)

PM Law Ltd & Motorplus Ltd & Ors

PM Law Ltd & Motorplus Ltd & Ors [2016] EWHC 193 (QB) (05 February 2016)

The High Court struck out PM Law’s pleaded claims for insurance payment rights and granted Motorplus summary judgment, holding PM Law had no title to sue under the policies.

  • Strike out applications
  • Summary judgment
  • Legal expenses insurance
  • Agency
  • Third party rights
  • Restitution
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Insurance law [2012] EWCA Civ 1633

Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor

Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor [2012] EWCA Civ 1633 (12 December 2012)

Court of Appeal held legal expenses insurers could limit cover to non-panel rates, but had to respect the insured's freedom to choose a lawyer.

  • Legal expenses insurance
  • Freedom to choose legal representative
  • Interpretation of insurance contracts
  • Implementation of eu directives
  • Assessment of legal costs
  • Legal-expenses-insurance
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Insurance law

Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor

The Court of Appeal held that legal expenses insurance could limit recovery to non-panel rates, but only if the restriction did not make the insured’s choice of lawyer meaningless.

  • Legal expenses insurance
  • Freedom to choose lawyer
  • Policy construction
  • Implementation of eu directives
  • Costs assessment
  • Legal-expenses-insurance
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Insurance law [2011] EWHC 2661 (Comm)

Brown -Quinn & Anor v Equity Syndicate Management Ltd & Anor (Rev 1)

Brown -Quinn & Anor v Equity Syndicate Management Ltd & Anor (Rev 1) [2011] EWHC 2661 (Comm) (21 October 2011)

The court held that insureds under BTE legal expenses policies could choose their own solicitor, with costs assessed for reasonableness under CPR 48.3.

  • Legal expenses insurance
  • Freedom to choose solicitor
  • Assessment of costs
  • Interpretation of insurance policy
  • Eu directives implementation
  • Legal-expenses-insurance
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Insurance law [2011] EWHC 658 (QB)

Pine v Das Legal Expenses Insurance Company Ltd

Pine v Das Legal Expenses Insurance Company Ltd [2011] EWHC 658 (QB) (25 March 2011)

The High Court held that the claimant could choose a public access barrister under her legal expenses policy, and that no exceptional circumstances justified the insurer's refusal.

  • Legal expenses insurance
  • Freedom to choose legal representative
  • Interpretation of insurance policy terms
  • Exceptional circumstances in insurance contracts
  • Legal-expenses-insurance
  • Freedom-to-choose-counsel
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Insurance law [2011] EWHC 658

Pine v Das Legal Expenses Insurance Company Ltd

Pine v Das Legal Expenses Insurance Company Ltd [2011] EWHC 658 (QB) (25 March 2011)

The High Court held that DAS had to indemnify Miss Pine for reasonable and necessary fees of a barrister instructed on a public access basis, and refused general damages.

  • Legal expenses insurance
  • Freedom to choose legal representative
  • Interpretation of insurance policy terms
  • Exceptional circumstances in insurance contracts
  • Legal-expenses-insurance
  • Choice-of-legal-representative
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.