What are the chances? Recent brokers cases on breach, causation and loss

Miles Harris focuses on what practitioners can learn about satisfying proving a breach of duty: When is a broker required to give advice in writing? What does a broker have to do in order to discharge its obligation to elicit potentially material facts from an insured? When must a broker repeat advice on the suitability of cover? Should a careful party always seek permission to adduce expert broking evidence? Neil Hext QC concentrates on causation issues. In particular, he discusses Dalamd v Butterworh Spengler in which he represented the successful claimant. Dalamd is a decision of great importance to any case where (i) an insured has chosen (or may choose) not to pursue insurers after a declinature and (ii) the defendant broker argues that an indemnity would not have been provided by insurers even if it had acted with proper care. It establishes arguments about what the insurers would have done, had they been pursued, should be resolved on an ‘all or nothing’, balance of probabilities basis and not on a loss of a chance basis. Neil explains the reasoning for this and explores the significant implications of this approach for those representing both claimants and brokers.