Judicial Hellholes

The Courts of England and Wales have had a proud reputation for commerciality and the balanced treatment of commercial disputes. However, in recent years, there are signs of established doctrines being cast aside in favour of a consumer-driven approach, mirroring aspects of the federal court system in the US. In this session, we will consider the notable developments of the last five years and ask whether the English jurisdiction has become problematic for commercial insurers.