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The 'people' who exercise the power are not always the same people over whom it is exercised.
John Stuart Mill — On Liberty, 1859
Timothy Brentnall is the senior partner, and he specialises in complex commercial litigation.
Tim Brentnall works as part of the firm's insurance group, dealing with commercial litigation and arbitration, including insurance and reinsurance, commodities and banking.
He qualified as a solicitor in 1979 and became a partner in Elborne Mitchell in 1982. Also in 1982 he was seconded to a major California law firm where he gained first-hand experience of U.S. trial procedures. In 1993, Tim became a Fellow of the Chartered Institute of Arbitrators.
Tim is also a committee member of the British Insurance Law Association. In his spare time he enjoys sailing and other outdoor pastimes.
E-mail: brentnall@elbornes.com
Don’t Mention Contingents
Tim Brentnall and Alexandra Booth dive into the murky legal waters swirling around contingent commissions. First published: Insider Quarterly [8th June 2010]
Madoff: So, what do we know now?
With Bernie Madoff now in jail and facing a potential 150-year jail term starting at his 29 June sentencing hearing, Tim Brentnall and Andy Stevenson of Elborne Mitchell Solicitors look at what we’ve learnt about the convicted fraudster and his giant Ponzi scheme in the six months since the story broke. First published: Elborne Mitchell website [22nd May 2009]
Madoff – navigating the insurance maze
Will (re)insurers find themselves on the hook, ask Andy Stevenson and Tim Brentnall of Elborne Mitchell First published: Inside News [18th March 2009]
Tougher stance
The FSA appears to have had a change of heart on broker commission disclosure. The regulator will have to tread carefully to avoid disadvantaging UK brokers, argue Elborne Mitchell’s Tim Brentnall and Alexandra Booth First published: Insider Quarterly [27th June 2008]
Striking a Balance
Tim Brentnall and Alex Booth discuss the need for rules on broker commissions to favour customers' actual disclosure demands without compromising competitiveness First published: Insider Quarterly [27th February 2008]
Weighing Up The Options At Lloyd's
The long-established practice of issuing "tonners" - policies that can pay out even though there is no insurable interest - was banned by legislation nearly 100 years ago. Now that the Lloyd's market is more familiar with Alternative Risk Transfer techniques the time has come to consider their reinstatement. First published: The Insurance Insider [1st September 2004]
Changing Times For Binding Agreements
Lloyd's syndicates writing binder business face a raft of reforms, with new rules coming into effect in 2003. First published: Insurance Day [13th November 2003]
Is It Time To Repeal The Lloyd's Acts?
An article pointing out the difficulties ahead, with the FSA intending to fulfil its regulatory duties at Lloyd's thoroughly and comprehensively but, at the same time, Lloyd's will retain its regulatory responsibilities under the Lloyd's Acts thus leading to possible duplication. First published: Insurance Day [14th March 2003]
One Man's Arbitrage Is Another Man's Poison
With reinsurance arbitrage under examination in the High Court (SCB/Odyssey Re), Tim Brentnall reviews the legal background. First published: IQ [1st June 2002]
Why Aneco is Flawed
The recent Aneco -v- Johnson & Higgins judgment increases brokers' liabilities in the event of negligent advice. Tim Brentnall argues that the decision is flawed. First published: Insurance Insider [1st November 2001]
Lloyd's Bottom Quartile Blues
Questioning the legality of steps being taken by LLoyd's against some of the poorer-performing syndicates. First published: Insurance Day [14th March 2001]
Move to Clarify Accountability
Article looking at the important question of the extent of a negligent valuer's liability in damages, in particular the liability for losses due to a substantial deterioration in market conditions since the negligent over-valuation. First published: Lloyd's List P&I Special Report [27th January 2000]
Why Lloyd's demutalisation would not represent a windfall
Article discussing some of the practical implications and obstacles if Lloyd's was to to go ahead and demutualise. First published: Insurance Day [16th December 1999]
A More Corporate Culture at Lloyd's
What influence the professional investor can expect to exert on underwriting policy as the balance swings away from individual members to corporate capital. First published: One Lime Street [1st November 1997]
TIME Out
The guiding principles for the start dates of limitation periods on reinsurance contracts and the need for re-insureds to take a proactive approach to avoiding time-barred claims. First published: Post Magazine [26th June 1997]
Insiders Stay Outside
A consideration of insider trading and its potential implications for Lloyd's in the light of 1996 investigations into capacity auctions. First published: One Lime Street [1st May 1997]
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