Recap - our quarterly newsletter for the reinsurance market.

mEMo - our quarterly newsletter on commercial, regulatory and employment law issues.

forEMast - our quarterly newsletter for the shipping market.

Elborne Mitchell - Solicitors

Subscribe to our quarterly newsletters

To subscribe to Recap or mEMo please email Hope Rhule or call her on +44(0)2073209000. Previous issues of our newsletters are also available on request, please see below for details of contents.

We will retain your contact details as long as we understand them still to be up-to-date. We would be grateful if you would let us know of any changes to your contact details. We will never supply your contact details to any third party although we may use them to send to you other information which we think may be of interest to you or to invite you to our events.

Contents of Recap previous issues

Listed below are the topics that have been covered in the current issue of Recap. To receive a back issue, please email Hope Rhule or call her on +44(0)2073209000.

Issue 2
What's a Verbal Contract Worth?; The Fair Presentation is Alive and Well; Staying Calm before the Storm - Reinsurance and Windstorm Futures; Reinsurance to Close and Transfer of Reinsurance Recoverables; Beating a Retreat on Collateral; Your Loss, Not MIne - Notification under Claims Co-operation Provisions; Upsetting the Status Quo - Third Party Funding and Wigs

Issue 1
UK Asbestos Claims - The Rollercoaster Continues; Arbitration and EC Companies - A New Problem; Another Fine Mess - Who's to Blame When Both Brokers Mess Up?; Pollution Losses - A Welcome Boost; Arbitration Round Up

Contents of mEMo previous issues

Listed below are the topics that have been covered in the current and previous issues of mEMo. To receive a back issue, please email Hope Rhule or call her on +44(0)2073209000.

Issue 40
Regulation:- a review of the new regulations applying to credit rating agencies.
Current contractual issues:- the methods by which offers by e-mail may be withdrawn. The need for accurate wording to reflect the ambit of an agency agreement
VAT on insurance portfolio transfers:- a commentary on the case of Swiss Re Germany Holding GmbH v Finanzamt Munchen fur Korperscaften.
Employment:- whether the statutory protection afforded to employees and workers can apply to individual contractors. Giving a notice of termination under an employment contract following Gisda CYF v Lauren Barratt.
Regulation:- The Commercial Agents (Council Directive) Regulations – Compensation. The calculation of compensation on termination of a commercial agency and the decision in Claramoda Ltd decision.
Insolvency:- the use of schemes of arrangement in relation to trust claims. An analysis of the Court of Appeal’s decision in Lehman Brothers International (Europe), as to whether schemes of arrangement can be used to compromise trust claims on insolvency.

Issue 39
Solvent Schemes of Arrangement – The last roar for schemes? An analysis of the Court of Sessions interim decision in the Scottish Lion Insurance Company’s scheme of arrangement. Client trust accounts: can they be schemed? – An analysis of the decision in Lehman Brothers International (Europe) and whether schemes of arrangement can be used to compromise trust claims on insolvency. Company Law – saving the deal: reviewing some of the tools available for vendor financing of deals when funding is difficult to obtain. Companies Act 2006 – Update: highlighting the various recent changes. Regulation: Remuneration – FSA Code: a look at the implications of the FSA’s new code for the banking sector and potential implications for the financial services sector generally. Global Trader – the impact on client money and the CASS rules: the implications for insurers and policyholders. Regulation: The Commercial Agents (Council Directive) Regulations – Compensation. Commenting on the calculation of compensation on termination of a commercial agency.

Issue 38
Solvent Schemes of Arrangement – What issues remain? Current issues for schemes and action that may be taken by policyholders. Intermediaries - Agent for whom? A look at the Law Commission’s policy statement on the intermediaries’ role. VAT - Insurance agents and introducers: a look at the exemption in the context of the provision of insurance services. Part VII transfers – Does VAT ruling spell the end? Commenting on the ECJ Opinion in Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften, relating to the liability for VAT arising on transfers of portfolios of insurance business. Employment - Group companies and the risk of claims: looking at recent case law addressing the potential liability of joint employment and a parent company’s involvement in the recruitment of personnel for a subsidiary. Insolvency – The Powerless creditor? Reviewing some of the tools at creditors’ disposal when dealing with liquidators.

Issue 37
Regulatory - The FSA and Bonus Schemes (the FSA's draft Code); Employment - Disciplinary and Grievance procedures under the new ACAS Code of Practice; Trusts and Insolvency law - recent cases including Simon Cooper v Powerhouse Limited and also Lehman Brothers International; Companies Act 2006 – An Update (2) on the core duties of directors; Identity Fraud in respect of Companies; Contract Law – Rome II and its impact on jurisdiction and governing law clauses for non-contractual disputes.

Issue 36
The Companies Act 2006 - An Update on the implementation of Directors' Duties including Conflicts of Interest and the Maintenance of Share Capital; The Credit Crunch and Lloyd's - a look at common issues with the credit crunch and Reconstruction and Renewal at Lloyd's; Potential Profit Smoothing Mechanism for Lloyd's; Client Money Rules - The FSA's articulation on Credit Write-Backs by Insurance Brokers; Developments on VAT for the Financial Services and Insurance Sectors; Insurance Intermediaries - the exposure to breaches of the general prohibition under FSMA 2000.

Issue 35
Client Money Rules - current issues in relation to trust accounts and TOBAs; Employment Focus - Whistle blowing- a look at the new code of practice and the key provisions including the Public Interest Disclosure Act; the sanctity of Without Prejudice Communications in employment disputes; bonuses and the FSA and the implications of providing confidential information to the FSA.

Issue 34
Run-off - termination of a binding authority relationship and the implications; Commission disclosure - the FSA's discussion paper; Companies Act 2006 updates - comment on Model Articles and changes to execution of documents; Warranties in employment compromise agreements; Agency agreements - the benefit of establishing the terms.

Issue 33
Brokers - New Rules on Outsourcing and Conflicts of Interest; Creditors - action or inertia?; Disciplinary Proceedings for pre-2000 Acts; Anti suit Injunctions; Calculating Compensation.

Issue 32
Contract Negotiations - representations and tortious liablity; EC Competition Law - the block exemption and other changes in Insurance Law; Financial Services Compensation Scheme - proposed changes to the compensation scheme; Employment - the application of the without prejudice rule and the marking of documents; FSA & Lloyd's - new Cooperation Arrangements.

Issue 31
Selling Insurance - The Proposed changes to the FSA Rules; Compromise Agreements - warranties and representations; The Companies Act 2006 - the introduction of the Statutory Code for directors' duties; Gross Negligence - The difference in interptretation between English and European legal systems; EC Competition Law - developments on fines for abuse of dominant positions, as well as price fixing and market sharing.

Issue 30
Setting up competing businesses - How far can employees go?; The European competition inquiry into business insurance; Contingent Commissions - the transparency debate; A quick guide to MiFID; What to do with "Dear CEO letters".

Issue 29
TrustMark Status - Will it mean regulatory chaos?; The end of the line for length of service based pay?; Financial Collateral: What's it worth?; The Insurance Market and Treating Customers Fairly.

Issue 28
Employment Law - Age Discrimination; Transfers of Business - Part VII FSMA 2000; Solvent Schemes - NRG Victory; Disclosure Guidance.

Issue 27
Broker remuneration, Reinsurance Directive - what does it mean for UK reinsurers?; The End of Ageism?, Beware - How Frozen Assets Can Melt Away.

Issue 26
Goshawk v Tyser - what does it really mean; Employment Law - changes in 2006; Company Law Reform - forthcoming changes; Competition Inquiry into Financial Services.

Issue 25
Solvency II - recent developments: The Approved Persons Regime - changes to the regime and the Significant Influence Functions; Same Sex Couples; Just Sign Here - dealing with changes to the execution of documents - the legal implications for employers.

Issue 24
VAT exemption for insurance outsourcing - Update; FSA Authorisation of Intermediaries - Documentary Requirements (Part 2); Developments for Solvent Schemes of Arrangements - BAIC; Drax Holdings Ltd and La Mutuelle du Mans Assurance Ltd; TUPE and winning new business - developments including the introduction of revised TUPE rules; Limited Liability Partnerships and members agencies at Lloyd's.

Issue 23
Insurance Outsourcing and the possible newfound VAT cost for run-off agents; Centres of Main Interest (COMI) for Insolvencies; FSA Authorisation of Intermediaries - Documentary Requirements (Part 1); Company Law Changes - D&O Insurance Costs; Employment Law developments relating to compromise agreements and recent EAT cases.

Contents of forEMast previous issues

Listed below are the topics that have been covered in the current and previous issues of forEMast. To receive a back issue, please email Nicola Bradley or call her on +44(0)2073209000.

Issue 19
Certification company's duty of disclosure; The scope of broker's lien; Late redelivery costs charterers more than overlap damages; Warranties in yacht covers; Do liberty clauses preclude frustration?; First steps in challenge to EC Pollution Directive successful

Issue 18
The Jordan II - A Bonanza for Shipowners?; Don't read contracts too literally; Increase in COmpensation for Oil Pollution; Shipper's liability for late delivery under sale contracts

Issue 17
No limits to charterers' liability. The importance of insurable interest. BIFA Conditions 9-month time limit enforceable. Increases in compensation for oil pollution damage.

Issue 16
ISPS Code only a year away. Oil Pollution - recovery of pure economic loss claims from IOPC Fund. Case update - Kapitan Petko Voivoda.

Issue 15
New International Hull Clauses; On deck stowage and carriers defences; Constructive Total Loss - The Kastor Too; Case Updates - "The Great Peace" and "The Kleovoulous of Rhodes".

Issue 14
Jurisdiction and third party claims against mortgages; Phantom ship frauds - a "double whammy" for cargo interests; The Collision Regulations - time for change?; No implied margin on redelivery.