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Devereux Chambers

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Alice Carse
Alice Carse
Devereux Chambers
Andrew Burns
Andrew Burns , KC
Devereux Chambers
Anna Greenley
Anna Greenley
Barrister
Devereux Chambers
David Peter
David Peter
Devereux Chambers
John Platts-Mills
John Platts-Mills
Barrister
Devereux Chambers
Katya Hosking
Katya Hosking
Devereux Chambers
Marika Lemos
Marika Lemos
Devereux Chambers
Peter Edwards
Peter Edwards
Devereux Chambers
Robert Hunter
Robert Hunter
Devereux Chambers
Timothy Brennan
Timothy Brennan , KC
Devereux Chambers
Contributions by Devereux Chambers Experts

38

Aggregating insurance claims and reinsurance claims
Aggregating insurance claims and reinsurance claims
Practice notes

This Practice Note explains the purpose of aggregation clauses in insurance and reinsurance policies and discusses some of the relevant case law. It considers: what are aggregation clauses, why aggregate claims, 9/11 aggregation, aggregation arising from one event, aggregation arising from one originating cause, and aggregation resulting from a series of acts or omissions. This topic may be referred to as an introduction to aggregation of insurance claims and aggregation of reinsurance losses; defining or the definition of aggregation in insurance law; in the aggregate; and, aggregating language.

A claimant brings a discrimination claim and then settles via COT3, agreeing not to keep the fact and terms of the COT3 confidential, and waives their right to bring any future claim relating to facts that occurred before the agreement was entered into. Is the claimant prohibited from bringing a future victimisation claim arising from the fact they had brought the initial discrimination claim?
A claimant brings a discrimination claim and then settles via COT3, agreeing not to keep the fact and terms of the COT3 confidential, and waives their right to bring any future claim relating to facts that occurred before the agreement was entered into. Is the claimant prohibited from bringing a future victimisation claim arising from the fact they had brought the initial discrimination claim?
Q&As

A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord and tenant) property. If this box were to cause an injury due to being improperly maintained, would the claimant have a right of action against the water company, the local council, or their landlord? Of these options, how would each be pursued and what defences would the respective parties have?
A utilities company drainage system has an external above-ground box that rests on the boundary between public (local authority) and private (landlord and tenant) property. If this box were to cause an injury due to being improperly maintained, would the claimant have a right of action against the water company, the local council, or their landlord? Of these options, how would each be pursued and what defences would the respective parties have?
Q&As

An employee, while in a personal relationship with the owner of the company that employs them, pays out a large sum of their own money on the refurbishment of a shop without asking that the money be repaid. The relationship ends, and the employee decides they want their money back. Can the employee's outlay be regarded as expenses for which they are entitled to be reimbursed?
An employee, while in a personal relationship with the owner of the company that employs them, pays out a large sum of their own money on the refurbishment of a shop without asking that the money be repaid. The relationship ends, and the employee decides they want their money back. Can the employee's outlay be regarded as expenses for which they are entitled to be reimbursed?
Q&As

Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?
Are bereavement damages subject to a deduction for contributory negligence on the part of the deceased?
Q&As

Are there any cases like Cook v Swansea City Council where the court has considered whether the fact a car park is free or imposes a charge makes a difference to what is reasonable in the circumstances?
Are there any cases like Cook v Swansea City Council where the court has considered whether the fact a car park is free or imposes a charge makes a difference to what is reasonable in the circumstances?
Q&As

Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?
Can a notice of discontinuance be filed in Part 8 proceedings? What about if there is a hearing listed?
Q&As

Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?
Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?
Q&As

Can an employee bring a breach of contract claim (without resigning and claiming constructive unfair dismissal) purely on the basis of a breach of the implied duty of trust and confidence, ie can a breach of the implied duty of trust and confidence be brought as a standalone breach of contract claim?
Can an employee bring a breach of contract claim (without resigning and claiming constructive unfair dismissal) purely on the basis of a breach of the implied duty of trust and confidence, ie can a breach of the implied duty of trust and confidence be brought as a standalone breach of contract claim?
Q&As

Can an employer continue with disciplinary proceedings even after the employee has resigned with immediate effect?
Can an employer continue with disciplinary proceedings even after the employee has resigned with immediate effect?
Q&As

Do the provisions relating to the limitation period in fatal accident claims still apply if the death occurred due to an unrelated event? For example, does the cause of death have to be related to the negligent treatment in the context of a clinical negligence claim?
Do the provisions relating to the limitation period in fatal accident claims still apply if the death occurred due to an unrelated event? For example, does the cause of death have to be related to the negligent treatment in the context of a clinical negligence claim?
Q&As

Does a broken arm fall under Chapter 7 Orthopaedic Injuries section (f) of the Judicial College Guidelines? If so, is there any further guidance given on different categories listed in terms of what is meant by significant disabilities or substantial degree of recovery and significant permanent residual disability whether functional or cosmetic?
Does a broken arm fall under Chapter 7 Orthopaedic Injuries section (f) of the Judicial College Guidelines? If so, is there any further guidance given on different categories listed in terms of what is meant by significant disabilities or substantial degree of recovery and significant permanent residual disability whether functional or cosmetic?
Q&As

Have there been any recent developments in the assessment of periodical payments and specifically what has been the approach to indexation of these types of award?
Have there been any recent developments in the assessment of periodical payments and specifically what has been the approach to indexation of these types of award?
Q&As

How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?
How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?
Q&As

If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?
If a Data Protection Act or a misuse of private information compensation claim results in psychiatric injury, would the limitation period be six years or would the three-year personal injury limitation apply to any personal injury aspect of the damage caused?
Q&As

If a settlement is reached between issue of the Claim Form and service, should a Notice of Discontinuance be filed? Or a Tomlin Order? Or is no procedural action needed and the Claim Form should simply be left to lapse?
If a settlement is reached between issue of the Claim Form and service, should a Notice of Discontinuance be filed? Or a Tomlin Order? Or is no procedural action needed and the Claim Form should simply be left to lapse?
Q&As

If there has been a breach of section 8 of the Employment Rights Act 1996 (ERA 1996), in that the employer has incorrectly labelled a deduction, could the employee bring claims under ERA 1996, s 8 and for constructive unfair dismissal? If an employer makes a deduction from wages to cover reimbursement of an overpayment of wages, reducing the employee's wages to zero, can this give rise to a claim under National Minimum Wage (NMW) legislation?
If there has been a breach of section 8 of the Employment Rights Act 1996 (ERA 1996), in that the employer has incorrectly labelled a deduction, could the employee bring claims under ERA 1996, s 8 and for constructive unfair dismissal? If an employer makes a deduction from wages to cover reimbursement of an overpayment of wages, reducing the employee's wages to zero, can this give rise to a claim under National Minimum Wage (NMW) legislation?
Q&As

In a situation where the transferee employer refuses to acknowledge that an employee has been transferred to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, how should the employee proceed?
In a situation where the transferee employer refuses to acknowledge that an employee has been transferred to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, how should the employee proceed?
Q&As

In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?
In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?
Q&As

Is it lawful for an employer to pay an employee on a fixed-term contract more than an employee on a permanent contract of employment?
Is it lawful for an employer to pay an employee on a fixed-term contract more than an employee on a permanent contract of employment?
Q&As

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