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Insurers remain reluctant to pay business...
Posted in Dispute Resolution on 3rd Mar 2021
On 28 February 2021 the Sunday Times reported that FTSE 250 insurer Hiscox offered a struggling East London café owner $13.00 in settlement of its business interruption claim.
The London café claimed for more than 3 months’ loss, comprising of $1,600 a month in rent and $2,500 a month in stock, after it faced closure due to the Government’s response to the Covid-19 pandemic. The café had said it had been “battling bankruptcy” due to closure, like many other businesses in the UK today.
It was reported by sources close to the FTSE insurer that only...
Waiting times during Covid-19
Posted in Medical Negligence on 2nd Feb 2021
Can I still claim for a delayed surgery?
Covid-19 has caused a lot of disruption to both our everyday lives, as well as to hospitals. That means that a lot of treatments might have been postponed, delayed or cancelled as a result.
The general guide to NHS waiting times in England has not changed throughout the pandemic. It is still suggested that the maximum waiting time, for instance, for non-urgent referrals is 18 weeks, whereas for cancer patients the waiting time remains 2 weeks from the day the appointment is booked through the NHS e-Referral...
Causation and the Claimant’s natural disadvantage
Posted in Medical Negligence on 21st Jan 2021
What a claimant must prove
In a claim for clinical negligence, a Claimant must broadly prove two things. First that an error has occurred in their treatment. Second, the Claimant must prove that the error has caused them to suffer a loss i.e. a physical and/or psychological injury. This is known as Causation and is often a difficult hurdle in clinical negligence claims.
To prove the second limb of this test, that an error has caused the Claimant loss, the Claimant must prove on the balance of probabilities what would have happened but for the negligence...
Covid-19 & business interruption insurance...
Posted in General News on 15th Jan 2021
The Supreme Court today has ruled that insurers should pay out under business interruption clauses that were being disputed and were brought as a result of the coronavirus pandemic.
This relates specifically to a number of insurance claim disputes between small businesses who had been negatively impacted by the first lockdown in March 2020 and their insurers. This includes thousands of businesses such as hairdressers, restaurants, pubs and more.
These small businesses will now receive a payout from their insurer as a result of the ruling, which...
