Legal News: Browne Jacobson; Mills & Reeve; Brabners
NICHOLA Evans, a dispute resolution partner at Browne Jacobson’s Manchester office, has won a long running case on behalf of client fashion label and retailer Ted Baker against insurer AXA.
The Court of Appeal has dismissed AXA’s application to appeal an earlier High Court ruling in a multi-million dispute with Ted Baker over the scale of its insurance cover.
The matter dates back to December 2008 when three employees working at one of Ted Baker’s warehouses in London were arrested, charged and later convicted of stealing stock from the retailer’s premises between 2004 and 2008. As a result of the theft the retailer suffered a significant loss running into seven figures.
Ted Baker was insured by AXA along with two co-insurers, Fusion and Tokio Marine, under a commercial combined insurance policy. The retailer sought to bring an insurance claim for £1m for the loss of stock and £3m for consequential loss or business interruption. However AXA declined cover arguing that the terms of its policy did not cover claims for employee theft.
In 2012 the High Court overturned an earlier county court judgment and ruled that the terms of the theft extension clause was ‘full’, meaning the retailer was covered for its direct losses. In doing so the High Court also confirmed that the retailer could claim for loss of profits under the Business Interruption section of the policy. In addition the Court did not agree with AXA’s argument that the parties did not intend employee theft to be insured.
AXA sought permission to appeal and the Court of Appeal ruling has reasserted the High Court’s earlier judgment and dismissed the application to appeal.
Ms Evans said: “It is a wake-up call to insurers that clear stated policy terms will not be overridden by the courts because the coverage was either not what was intended by one or more parties or went against asserted market practices.”
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THE Manchester office of national law firm Mills & Reeve has advised on a new sustainable medical centre in Oldham.
The real estate team at the firm advised the GPs who have moved into Lees Medical Practice.
The centre was funded by United Healthcare Developments and project managed by NHS Property Services. The building, which was pre-assessed as BREAM Excellent, has a range of sustainable solutions including solar panels which generate a significant proportion of the building’s power needs.
Jennifer Lewis, associate in Mills & Reeve’s real estate team, said: “It is a well-designed building that is welcoming to patients and has further expansion space as the practice continues to evolve.”
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ROSS Shine, a real estate lawyer at North West law firm Brabners and his bridge partner, retired GP Dr John Brearley, have won the Lancashire bridge championship pairs and are on their way to a national final.
Hosted by the Lancashire Contract Bridge Association earlier this month, the annual championship had 35 pairs at Blackburn Bridge Club. Mr Shine and Dr Brearley have been playing bridge together for 20 years and have won the team competition twice before but this is their first win in the pairs event. They will go on to represent Lancashire along with three other pairs in the 2014 Corwen Trophy.
Mr Shine, a partner in the firm’s Preston office, comments: “Playing bridge for more than two decades has given me the ability to learn this skill and it has proved extremely useful in business situations, especially when applying it to complex legal matters that require deep concentration and deliberation. I would encourage anyone to take up bridge as it really helps build concentration levels, which is a requirement in all jobs.”
The 2014 Corwen Trophy takes place 31 May to 1 June in Northampton.
