By Jamela Collins Technical Underwriting Manager Temple Legal Protection
Estimated read time – 1 minute 13 seconds
This round-up looks at recent articles shaping commercial disputes – from ATE insurance and insolvency to shareholder actions and privacy injunctions. A quick snapshot of the issues we think worth noting.
Mike Lynch – relevance in estate administration and insolvent estates
Herrington Carmichael’s commentary reflects on the impact of the Autonomy founder’s litigation saga, particularly in relation to insolvent estates. The article considers how high-profile disputes underline the risks faced by executors and administrators when claims intersect with insolvency rules. It is a timely reminder of the importance of careful estate planning and thoughtful advice when complex commercial liabilities are in play.
Insolvency practitioners – mind the regulatory gap
New Law Journal highlights that insolvency practitioners, while generally excluded from FCA regulation, still face risks if they step outside strict boundaries. Missteps could even lead to criminal liability under the Financial Services and Markets Act. The article calls for vigilance, especially when dealing with FCA-regulated firms or client assets. Practitioners are reminded to seek legal advice and engage early with regulators to avoid pitfalls.
The return of the super-injunction
https://www.lawgazette.co.uk/legal-updates/the-return-of-the-super-injunction/5124026.article
According to the Law Gazette, the once-rare super-injunction – barring not just publication but also reporting of its existence – is making a comeback. The article notes recent cases in which wealthy individuals sought such orders to protect privacy and reputation. While courts remain cautious, the development raises questions about open justice and whether public interest will again collide with privacy rights in high-profile disputes.
Jamela Collins
Technical Underwriting Manager
Jamela Collins
Jamela qualified as a Solicitor specialising in litigation. She has extensive experience specialising in commercial, construction, inheritance and insolvency claims. She has also worked at RSA as a Team Leader.
Jamela has joined the commercial team as a Senior Underwriter in 2023 and is very much looking forward to using her litigation and insurance experience to support Temple’s customers with market leading products and services.
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