Insurance
Insurance Act 2015: the issues the market is grappling with
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Claims against actuaries and employee benefit consultants can give rise to complex issues, where problems have lain undiscovered for years.
Our professional lines team work closely with pensions teams work to provide joined up [coverage and claims] advice and we are able to combine technical excellence with deep-rooted knowledge of the pensions industry.
Our experience of pensions related professional negligence claims includes issues such as:
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
Advising numerous operators regarding aircraft charter, wet lease and dry lease agreements
Acting for a London airport operator regarding slots, ground handling issues and charging regulations
Advising airport operators regarding slots, airport charges, groundhandling, liability and international standards, emergency planning;
Advice regarding airworthiness and type design compliance demonstration and certification for civil and military platforms
Advising various airlines, investors and the European Commission regarding EU external relations, horizontal agreements, open skies agreements and bilateral air services agreements; Advising a non-EU airline and its government in its negotiations with the European Commission on an EU horizontal agreement
Advising on more than 50 slot sales, purchases and other transactions, including acting for Flybe in the sale of its slot portfolio at Gatwick to easyJet, and acting for British Airways in the landmark High Court case which confirmed that slots may be traded.
Advising stakeholders on the carriage of hazardous goods by air and land; advising carrier regarding handling of mercury spillage
Advising numerous airlines and other stakeholders on aviation regulatory issues including EU nationality of ownership and control rules, EU ETS, air passenger rights (including under Regulation (EC) 261/2004), ATOL and package travel rules, Air Passenger Duty, passengers with reduced mobility, the carriage on unaccompanied minors, airline licencing and operating permits, security and counter-terrorism for civil aviation. Advising on web based selling and price transparency rules.
Advising UAS operator regarding access to airspace, airworthiness and radio spectrum usage; advising European Commission on liability and insurance aspects of a UAS study
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