Des Derrington - Uncivil Law

.An indemnity costs order may be made in unusual circumstances such as a party’s unreasonableness or relevant procedural delinquency. It is not a punishment but adequate compensation for the party who incurs needless expense due to the delinquency

[2019-12-09]

Subrogation

Unjust enrichment alone will not support a cllaim for equitable contribution

[2019-12-09]

Double insurance- escape clauses - Insurance Contracts Act s.45 - Contribution - Master Policies - Effect of definition

[2019-11-11]

Anti-suit injunction

Standard of Proof

[2019-10-26]

Construction. Added insured. Commercial practicality. Appeal on construction. Extrinsic evidence. Admissibility of negotiations and proposal. Definitions. Avoidance of nugatory result. Correction by construction. Writing and printed terms.

Whether a party is added as insured. Commercial practicality of single policy for several parties. Appeal on construction. Extrinsic evidence. Effect of negotiations and proposal on construction. Definitions. Avoidance of nugatory effect of term. Correction by construction. Writing compared with printed terms.

[2019-08-11]

Payment into Court of Proceeds of Life Insurance Policy

[2019-08-10]

Damaged or defective or defective because they are damaged in a Building Construction policy.

Meaning of "damaged" or "defective" or "defective because they are damaged" according to the terms of a Building Construction policy.

[2019-08-03]

Federal Court Jurisdiction

If one substantive issue in a proceeding is within the Court's jurisdiction, the whole matteris within it. Ways in which thejurisdiction is enlivened.

[2019-06-29]

Legal Expenses Insurance and Funding Conditions Precedent Exclusive Jurisdiction Condition Inferred Collateral Contract Variation of Contract Estoppel by Convention Proceedings against unknown defendant Exclusions - Construction Construction - Subjective Matters Comparative Force of words in the Schedule Construction - Limit to Businesslike Approach Construction - considerations

Legal Expenses Insurance and Funding - Construction - considerations - Construction - Limit to Businesslike Approach - Subjective Matters not relevant in construction - Conditions Precedent must be clear- Exclusive jurisdiction condition applied - Whether a variation of ontract extinguishes it - Elements of estoppel by convention - Proceedings cannot be brought against unknown defendant - Comparative force of Schedule

[2019-06-23]

Insolvency exclusion - Construction - Definitions

The trigger of the Insolvency exclusion is the causal connection between the claim and the insolvency, rather than between the making of the claim and the insolcency.

The scope of the influence of a definition in a statute or commercial document.

[2019-06-23]

Security for Costs

[2019-05-19]

Mitigation Cover – Notification of potential Claims - Successive Policies

When successive claims made policies covering mitigation costs have a notification of poltential claims extension, there may be an issue as to whether a notification uring one policy as to potential third party liability also amounts to notification of potential liability under that policy or whether notification under a later policy is effective.

[2019-05-19]

Indemnity costs - Calderbank Letter -Administrative Review application

Indemnity costs - Calderbank letter - Offer amounting to surrender - not usually a offer of compromise - reasonableness of refusal - Onus - Administrative Review application

[2019-05-11]

hen Insured's Settlement of Claim with Claimant Justified - onus of proof - When Cause of Action to Right to Indemnity Arises - Assignment of Insured's Right to Indemnity to Claimant - Insured's Liability Need not be Enforceable - Other Insurance - Cover for Cost of Preventing Covered Loss - Damron Agreement- Severance Clause - Breach of Condition - Onus of Proof - Nearest Antecedent - Cognate Words - - Insurance Contracts Act s 54- Limitation of Actions Against Insurer

When Insured's Settlement of Claim with Claimant Justified - onus of proof

When Cause of Action to Right to Indemnity Arises

Assignment of Insured's Right to Indemnity to Claimant

Insured's Liability Need not be Enforceable

Other Insurance

Cover for Cost of Preventing Covered Loss

Damron Agreement

Severance Clause

Breach of Condition - Onus of Proof

Construction - Nearest Antecedent - Cognate Words

- Insurance Contracts Act s 54 - Proofs

- Limitation of Actions Against Insurer

[2019-05-02]

Double Insurance

[2019-04-29]

Physical Damage to Property - Exclusion: Property in Physical or Legal Control - Exclusion: Faulty Workmanship - Exclusion: Contractual Liability - Interest - Construction, Foreign Authorities

"Physical Damage to Property" may include major functionl impairment - Exclusion: Property in Physical or Legal Control applies to contractor's control of property while working on it - Exclusion: Faulty Workmanship - Exclusion: Contractual Liability does not apply to mere productionof defective work - Interest - Construction, Foreign Authorities

[2019-04-16]

Conditions and Exclusions - Onus of Proof - Direct Action - Deregistered Company - Evidence by Default Judgment - Exclusions - Unauthorised Transactions - Conflict - Number of Claims - Construction - Deeming Provision Construction of Statutes and Contracts - Difference

Conditions and Exclusions - Onus of Proof

Direct Action - Deregistered Company - Evidence by Default Judgment - Limitations

Exclusions - Unauthorised Transactions - Conflict

Number of Claims

Construction - Deeming Provision - Strict

Construction of Statutes and Contracts - Difference

[2019-03-17]

Total and Permanent Disablement

A claim for total and permanent disablement under Grooup Life insurance requires a two-stage analysis. The doctrine of privity of contract is relevant to whether a beneficiary is entitled to claim damages for breach of duty of good faith and fair dealing. Stage 1 relates to the satisfaction of insurer in accordance with a termof the policy., which may include an issue as to inconsistency between he claimant’s history and contemporaneous evidence. The second stge concerns the issue whether theclaimant's condition is within the policy's definition of 'totally and permanenty disabled.'.

[2019-03-09]

Commencement of cause of action for limitation of action under Property insurance

In respect of Property insurance, time under a Limitation of Actions statute commences to run when the covered damage to the property occurs. It is irrelevant that the amoount of the promised indemnity cannot be then calculated.

[2019-03-02]

Order for Medical Examination Estoppel from Interlocutory Order Direct Action

Considerations in excercise of discretion to order a medical exmination

Whether estoppel can arise from an Interlocutory order

Considerations in exercise of discretion to grant leave fordirect actio against insurer.

[2019-02-23]

Relief on the ground of economic pressure

The elements of relief on the ground of illegitimate economic pressure.

[2019-02-22]

Transfer of Insurer's Business to its EU Subsidiary

Consideration of Application for transfer of insurer's business to Irish subsidiary in anticipation of Brexit.

[2019-02-09]

Construction - Settlement by Insured - Indemnity Settlement Deed - Otherwise

Commercialfactor in Construction - Reasonableness ofSettlement by Insured with Claimant may depend on the language of the cover - Compliance with Requirements of an Indemnity Settlement Deed - Meanings of otherwise.

[2019-01-20]

Setting aside an order on the application of a non-party.

[2019-01-11]

Construction - commerciality - qualification - Cover for Costs of Defence - Forms Insurer's Costs of Defence - part of claim not covered - allocation - Mitigation of threatened harm - allocation for harm not covered

Construction. The factor of commerciability is qualified by the paarties' freedom to agree, and the provision of a benefit may depend on the amount of the consideration given for it.

Cover for Costs of Defence - Forms

Insurer's costs of defence - part of claim not covered - allocation

Mitigation of threatened harm - allocation

[2019-01-10]

Return of premium - Pleadings for recovery of payments after fraud

Return of the premium may be ordered or allowed forin the case of innocent misrepresentation or non-disclosure, but not if it is fraudulent unless the prejudice is minimal

[2019-01-05]

Rectification - Proof - Master policy - Informal contract - binding - Construction - actual intent - Property loss - possibility of recovery - Insurance Contracts Act - S 54 - Inherent - Value of property lost - Proof - Average Designation of property - Replacement clause - Business Interruption cover - depreciation - Costs - Sanderson Order - Interest

Rectification - Clarity of Proof

Mster Policy - Local Policy - Specific charistics difficult to generalise

Informal Contract - Whether parties intend to be Bound

Construction - Actual intention of parties

Loss of property - Possibility of recovery

Insurance Contracts Act - S 54 - Inherent limitation in claim

Value of property lost - Proof

Average - Designation of property for purpose of

Replacement clause - Property not replaced

Business Interruption cover - Depreciation

Costs - Sanderson Order

Interest - reasonable period for investigation

[2019-01-04]

Vexatious Proceedings

Principles

[2018-12-22]

Lump Sum Costs Assessment Orders

Principles of Lump Sum Costs Assessment orders

[2018-12-22]

Class Action - Administrator's Charges

Reasonableness of charges of Class Action Administrator

[2018-12-22]

Costs - Order for Payment by Non-Party Insurer

Costs - Order for Payment by Non-Party Insurer in respect of Non-Covered Claims

[2018-12-04]

Cover of Added Insured for its Own Negligence - Principles of Construction - Purpose of Liability Insurance

A principal which is added as an insured under a constuction contract may be coveredfor its own neglignce. Relevant principles of construction

[2018-12-02]

Liability Cover of Defective Workmanship - Exclusions

Defective workmanship - Application of Liability Insurance Cover - Relevant Exclusions

[2018-11-19]

Admissibility of insured's admission in Direct Action Claim against Insurer - Hearsay Evidence

In a direct action claim, prior admissions by the Insured are admissible against the Insurer

[2018-11-17]

Acceptance by insurer of status of claimant as a worker

Whether treatment of a claimant as a worker under the W/C Act prevents later denial of the fact in respect of indemnity cover in respect of a later claim for common law damages

[2018-11-16]

Aggregation of Claims made in a Class Xction

For the purpose of aggregation of claims, subject to the terms of the policy, the claims undeer a class action are discrete and are not to be aggregated.

[2018-11-12]

Joinder of a Party in Rectification Proceedings

Joinder of a Party in application for rectification of a policy

[2018-10-28]

Proof of Damages

Need to prove damages

[2018-10-14]

Business Interruption Insurance - Assessment Interest on Indemnity Assignment of Insured's Rights Federal Court Jurisdiction in Insurance Claims

Business Interruption Insurance - Assessment
Interest on Indemnity
Assignment of Insured's Rights
Federal Court Jurisdiction in Insurance Claims

[2018-09-23]

Construction of Policy - Generally - Policy to be Read as a Whole - Contra Proferentem - Drafting Defects - Aggregation of Claims -

Construction of Policy, General Principles - Policy to be Read asa Whole - Contra Proferentem - Drafting Defects - Technical Terms

Aggregation of Claims

[2018-09-15]

Conditions Precedent - Condition - Compliance with Standards - Implied Terms - Policy Statement as to Breach of Condition - Policy Statement as to Breach of Conditions Technical Terms in 'Plain English'Policy - Implied Terms - Ambiguity - Condition - Compliance with Standards

Conditions Precedent

Condition - Compliance with Standards - Implied Term - Policy Statement as to Breach of Condition -

Policy Statement as to Breach of Conditions

Technical Terms in 'Plain English'Policy - Implied Terms - Ambiguity - Condition - Compliance with Standards

Implied Terms

[2018-09-15]

Indemnity Costs

[2018-08-25]

Liability Tree

[2018-08-25]

Approval of Settlement of Class Action

Some factors in approval of Class Action

[2018-07-14]

Time of Inception of Contract

[2018-07-14]

'Principals and Subcontractors Not Otherwise Insured'- Property Loss - Temporary Protective Repairs - Cause of Action for Indemnity - Legal Costs - Business Records - Indemnity - Assignment - 'Projects' - Settlement

'Not otherwise insured'

Liability for Compensation for Property Loss

Cost of Temporary Protective Repairs

Time of Cause of Action for Indemnity

Limit of Indemnity for Legal Costs

Evidence - Business Records

Indemnity from other Insurance

Assignability of Policy and Accrued Rights

Damage to 'Projects' - Limits

Settlement of Claims

[2018-07-02]

Appeal on Finding of Fact Evidence - Admissibility of Insured's Statement- Expert Evidence - Admission - Finding on Demeanour

Appeal on Finding of Fact

Evidence - Admissibility of Insured's Statement

Evidence - Finding on Demeanour

Expert Evidence

Evidence- Admission

Evidence - Claimant's Failure to Call Insured

[2018-06-24]

Section 54 of ICA - Limits

[2018-06-24]

Cover of Management Consultancy - Proof of Cover Generally - Exclusion of Director's Liability

[2018-06-24]

Circumstances of which Added Insured is Aware -Indemnity for Costs of Defence - Time for Indemnity when Insured is Obliged to Pay Loss - Insured's Right to Allocate Interim Payments - Estoppel by Convention

Circumstances of which Added Insured is Aware - Implied Promise to Indemnify for Costs of Defence - Time for Indemnity when Insured is Obliged to Pay Loss - Insured's Right to Allocate Interim Payments - Estoppel by Convention

[2018-06-24]

Condition - Co-operation by Insured

[2018-06-24]

Construction of Exclusion Generally - Professional Advice or Services

[2018-06-24]

Ín Respect of' - 'For' - Separation of Issues

[2018-06-24]

Exclusion of Damages or Compensation for Personal Injury - Exclusion of Assumed Liability - Effect of Consent Judgment - Cross-Liability Clause - Variation of Cover - Disclosure - Reasonableness of a Settlement

Exclusion of Damages or Compensation for Personal Injury - Exclusion of Assumed Liability - Effect of Consent Judgment - Cross-Liability Clause - Variation of Cover - Disclosure - Reasonableness of a Settlement

[2018-06-24]