The legislation, which is expected to come into force by October 2023, imposes greater obligations on designers, contractors and building control bodies and will have implications for their insurance cover

Material adverse change clauses remain unpopular in European deals, but the frequency of earnouts has continued to rise

A recent case will be seen as good new for insurers in redressing the balance on liability claims

With bank stability again in the spotlight, are financial institutions’ directors’ and officers’ liability and bankers’ professional liability policies up to the job? 

Changes to French law will increase the burden on victims of cyber attacks who wish to make a claim under their cyber policy

The intent of the Economic Crime (Transparency and Enforcement) Act 2022 is clear, but more needs to be done to encourage enforcement 

The US Department of Justice’s rescission of long-standing guidance creates uncertainty for market benchmarking activities

Commercial transactions can be increasingly complex, fast-paced and pressurised, creating the potential for mistakes to be made and for costly and high-profile claims to arise, so lawyers and their insurers should see sound risk management as time well spent

The English courts are rapidly emerging as a hotspot for environmental litigation against multinationals and the willingness of the courts to hear such claims has shifted, with the potential legal mechanisms for bringing them continuing to be developed

A recent ruling by a district judge in New York suggests the substantive law remains unclear 

The government is considering whether to require all healthcare professionals in the UK not covered by state indemnity to hold regulated insurance rather than discretionary indemnity

Tougher product safety laws will lead to more claims for insurers to handle