InView Autumn/Winter 2015

Autumn/Winter 2015 Issue 2 

HOW TO STAY AFLOAT IN 

THE FACE OF CYBER ATTACKS 

Stringent digital security systems surround our airports 

and banks, but ports and vessels are highly vulnerable to 

cyber attack. Phil James examines this pressing issue. 

BEING ALERT TO SOCIAL 

ENGINEERING AND FRIDAY 

AFTERNOON FRAUDSTERS 

Mickaela Fox explains why there is no silver bullet 

against cyber crime. 

GOING THROUGH THE 

GEARS OF CHANGE 

Technology is fundamentally reshaping the 

motor insurance industry. Ashton West OBE, 

chief executive of the Motor Insurers’ Bureau 

(MIB), talks candidly about the enormous 

challenges as well as the major opportunities. 

USING TECHNOLOGY 

TO REDUCE THE COST 

OF CARE 

Victoria Coleman believes compensators remain 

unaware of the revolution in telecare – it’s time for 

compensators to inspire handlers to take a more 

“techno savvy” approach.

2 InView | An independent eye on insurance 

CONTENTS 

3 

4-6 

INTRODUCTION 

CYBER RISKS 

The threats posed by cyber 

risks to UK businesses are 

immense. There is a need for 

the government to raise 

awareness and for insurers 

to develop more sophisticated 

policies. Ed Lewis explains why. 

12-13 

14-17 



Stringent digital security systems surround our airports 

and banks, but ports and vessels are highly vulnerable to 

cyber attack. Phil James examines this pressing issue. 

GOING THROUGH THE 

GEARS OF CHANGE 

Technology is fundamentally reshaping the motor 

insurance industry. Ashton West OBE, chief executive of 

the Motor Insurers’ Bureau (MIB), talks candidly about the 

enormous challenges as well as the major opportunities. 

7-9 

RECENT 

DEVELOPMENTS 

IN THE LAW OF 

CONFIDENTIALITY 

Charles Phipps from 4 New Square 

Chambers explains how the new 

cause of action for misuse of private 

information has seen significant 

developments during the course of 2015. 

10-11 

BEING ALERT TO 

SOCIAL ENGINEERING 

AND FRIDAY 

AFTERNOON 

FRAUDSTERS 

18-19 

20-21 

22-23 

WHAT THE DATA PROTECTION 

REVOLUTION MEANS TO YOU 

Sean Crotty explains how the age of “Big Data” is upon us. 

USING TECHNOLOGY TO 

REDUCE THE COST OF CARE 

Victoria Coleman believes compensators remain unaware 

of the revolution in telecare – it’s time for compensators to 

inspire handlers to take a more “techno savvy” approach. 

WHY SOCIAL MEDIA MUST 

BE EFFECTIVELY MANAGED 

The impact of social media on businesses in the insurance 

industry cannot be overstated. Mark Landon examines 

some of the key issues and suggests solutions. 

24-25 

MARKET WATCH 

Monitoring the horizon for the latest changes in legislation. 

Mickaela Fox explains why there is 

no silver bullet against cyber crime. 

26-27 

SPOTLIGHT 

The latest news in the world of Weightmans. 

© Copyright. Weightmans 2015. All rights reserved.

Issue 2 | Autumn/Winter 2015 

3 

INTRODUCTION 

Welcome to the second issue of In View 

where we focus on the highly topical and 

hugely important issues surrounding technology, 

including cyber risks. 

As you will see from our in-depth analysis, technology and 

cyber issues impacting the sector are diverse, extensive and 

thought-provoking. 

In our lead feature, we are grateful to Ashton West OBE, chief 

executive of the Motor Insurers’ Bureau (MIB) for sharing his 

wide-ranging knowledge and opinions on how technological 

advances are revolutionising the insurance market. 

The cyber threat to UK business cannot be overstated and in 

his article Ed Lewis provides his thoughts on the action the UK 

government needs to take, and the need for insurers to develop 

more refined policies. 

As part of Weightmans’ ongoing commitment facing all 

sections of the insurance industry, from motor and personal 

injury, to the reinsurance and Lloyd’s markets, and everything 

in between, Weightmans have invited you to participate 

in a survey exploring the extent to which the insurance 

and reinsurance markets are prepared and protected for 

the challenges facing the business world in light of the 

technological advances and cyber risks. We will be sharing 

the results of our survey later this Autumn. 

We hope you enjoy the read. Please contact us if you have any 

questions regarding any of the articles we have included in this 

issue. We look forward to hearing from you on the topic, either 

directly or in response to our survey. Your views are important 

to us and we welcome your feedback. 

Also in this issue, Mickaela Fox explains why there is no silver 

bullet solution to cyber crime, and Sean Crotty examines the 

implications of sweeping changes to data protection legislation 

in the age of Big Data as well as accessibility of data now and 

in the future. 

You can also find out about latest developments from our 

Market Affairs Group, Market Watch. Charles Phipps provides 

a technical and an informative update on recent developments 

in the law of confidentiality and read Bavita Rai’s take on the 

judicial decision that will enable three Britons to sue US-based 

Google over a high profile cookie privacy violation. 

In other articles, Phil James reveals some disturbing truths 

about the vulnerability of ports and vessels to cyber attack, 

Victoria Coleman examines how technology is changing 

catastrophic injury claims management, and Mark Landon 

evaluates the impact of social media on businesses. 

Kieran Jones, Partner, Insurance Director 

0845 070 3851 

kieran.jones@weightmans.com


Ed Lewis, Partner 

020 7882 1992 

ed.lewis@weightmans.com 



5 

CYBER RISKS – OLD RISKS 

MANIFESTING IN NEW WAYS 

The threats posed by cyber risks to UK businesses are immense. There is a 

need for the government to raise awareness and for insurers to develop more 

sophisticated policies. Ed Lewis explains why. 

Mankind craves convenience and across the globe 

increasingly relies on computers, smartphones and the 

internet to deliver it. In fact, technology dominates our lives 

and provides surrogates for many of our daily activities: 

or gain access to our digital assets is vulnerable, especially 

if we connect it to the Internet. Just like your home – anyone 

can try to get in. Whether they succeed and what they can do 

once inside, however, is down to our behaviour and security. 

■■ 

■■ 

■■ 

■■ 

■■ 

spaces for working and socialising 

communication 

access to knowledge and information 

storage of important records and data 

managing our money. 

In terms of scale, the potential is also vast. The average 

smart phone fits in your back pocket, yet has the equivalent 

capacity of about 5,000 filing cabinets! 

Technology therefore makes traditional crimes such as theft, 

fraud, blackmail and vandalism not only easier but also 

more lucrative than ever before. The internet also makes it 

possible to commit them remotely and with total anonymity. 

However, advancements in technology have also heralded a 

new danger, cyber threats. We’ve all heard about this danger, 

but what is it, really? 

Essentially it’s the new way in which technology exposes 

us to “old” risks because of how we use it and what we 

use it for. New phrases to describe this phenomenon 

have emerged, such as cyber fraud, cyber espionage 

and hacktivism. 

However, general understanding and knowledge of cyber 

threats within the insurance market (including brokers, 

underwriters and policy holders) remains limited. 

What exactly are cyber risks? 

Increasingly we store the things we value most in digital 

form. Examples include data, such as personal information, 

money and trade secrets. Guarding against cyber risks is 

therefore principally about protecting these digital “assets” 

from deliberate or accidental harm. 

Not only are digital assets easier to manage, they can be 

accessed, copied or shared at the click of a button. But 

beware of this convenience; any device that we use to store 

Sadly then, cyber safety is too often overlooked in favour of 

efficiency. Just because the dangers posed by technology 

are not always visible, it doesn’t mean they’re not there. 

Better rules to develop and govern our behaviour when 

using technology are therefore essential. 

So remember, next time you hear someone mention cyber 

threats don’t dismiss them as an IT problem. These threats 

come from the abuse of technology: either deliberate 

abuse to facilitate criminal activity or accidental abuse 

through human error, but both can have equally disastrous 

consequences. The things you value, or which others value 

and you look after, could be at risk! 

It’s also about culture: how we allow the abuse to happen 

and our efforts at prevention. We can approach cultural 

change at various levels: individually; organisationally; 

nationally; even globally. But with the threats so prevalent 

and constantly evolving, ultimately change is needed if they 

are to be controlled. 

So remember, next time you hear someone 

mention cyber threats don’t dismiss them 

as an IT problem. These threats come from 

the abuse of technology.


How is the insurance sector dealing with cyber risks? 

So far insurers have competed by shoehorning as many risks as they 

can think of into cyber policies, resulting in wide-ranging exposure 

that often clashes with other types of insurance and providing more 

than buyers want or need. Customer requirements by contrast are 

increasingly for more sophisticated and specialised cover. 

For example, a manufacturer could lose valuable R&D work to a 

hacker. This calls for a policy offering cover for business interruption, 

loss of profit and legal expenses to assist with recovery and prevent 

copyright infringement. By contrast, a corporate service provider 

will be far more interested in cover for theft of client money. In short, 

cyber policies must evolve to meet the specific threats that individual 

customers face if they are to deliver real value. 

The cyber threat and the global economy 

The UK government has developed the Cyber Essentials scheme 

as a basic cyber “hygiene” standard but it is not enough. Ministers 

also need to do more to educate the public about cyber risks and 

how they impact on us all. In a stark warning across the pond, 

Barack Obama has spoken of a cyber attack on America’s 

infrastructure having the potential to be more devastating 

than conventional terrorism. 

In short, cyber policies must evolve to meet the 

specific threats that individual customers face if 

they are to deliver real value. 

Key developments in the UK market 

The cyber risk insurance market has seen significant premium 

generation, albeit largely from the USA where an estimated 

$5 billion has been paid in premiums to date. This is due to the 

regulatory position, which requires mandatory notification of data 

breaches, something not currently a requirement in the UK. But this 

will change in 2017 when the EU General Data Protection Regulation 

is expected to come into force. With this shakeup looming, UK 

demand for cyber risk insurance is bound to rise. 

However, capitalising on that demand requires effort and insurers 

must not sit back. The cyber landscape is vast – breaking it down into 

sectors so that individuals and businesses can understand their risk 

profile is important. Not only will it increase awareness but likely 

determine from whom cover is bought. Far better programmes 

of education and training are therefore needed, albeit with much 

greater focus on specific customer needs. Get this right and policy 

sales will soar. 

But whilst terrorism grabs the headlines, theft is a much bigger 

problem, costing Western economies billions of dollars every year. 

Increasingly, countries with developing economies and fewer 

protections against copyright infringement are stealing IP from 

Western manufacturers to bridge gaps in R&D that would otherwise 

take years and significant investment to achieve. This enables 

products to be replicated and brought to market at a much lower 

price, luring buyers away from traditional suppliers and adversely 

impacting the GDP of countries in Europe and North America. 

As productivity reduces, so do levels of employment, triggering 

economic decline. 

Looking ahead then, serious consequences are inevitable unless the 

UK and other governments collaborate to combat the proliferation of 

cyber crime. Even then, cyber threats are unlikely to be eliminated. 

The insurance sector therefore has a vital role to play in helping to 

ensure that businesses are able to stay competitive, both at home 

and abroad, and that personal assets are protected. 



7 

RECENT DEVELOPMENTS 

IN THE LAW OF 

CONFIDENTIALITY 

Since the introduction of the Human Rights Act 1998, and in a 

rather haphazard fashion, English law has developed a partial 

law of privacy, based upon the rights of individuals under Article 8 of 

the European Convention to respect for their private and family life. 

Charles Phipps from 4 New Square Chambers explains how the new 

cause of action for misuse of private information has seen significant 

developments during the course of 2015.


Regina (Ingenious Media Holdings plc and another) v Revenue and 

Customs Commissioners [2015] 1 WLR 3183 related to an off-therecord 

briefing which the permanent secretary for tax at HMRC had 

given to two Times journalists, during which he had made a number 

of unflattering remarks about the claimant company (a promoter 

of film finance schemes) and its founder CEO. The claimants’ 

application for judicial review of the permanent secretary’s decision 

to disclose information relating to them was dismissed both at first 

instance and on appeal. Much of Sir Robin Jacob’s judgment in the 

Court of Appeal related to particular provisions in the Commissioners 

for Revenue and Customs Act 2005, but his conclusions on the CEO’s 

Article 8 claim are of more general interest: since the particular 

offending remarks had not been published in the Times, HMRC’s 

disclosure to the journalists had been to such a limited class that it 

involved no sufficient direct or grave interference with the claimants’ 

private life interests as to infringe the requirement of the right of 

respect for private life. 

In Vidal-Hall v Google Inc [2015] C.P. Rep. 28 the claimants sued 

Google (a Delaware corporation) over its collection of information 

about their internet browsing habits; they brought claims both for 

misuse of private information and for contravention of their rights 

under the Data Protection Act 1998. The Court of Appeal addressed 

two separate issues. First the Court held that (contrary to dicta 

in some earlier cases) a claim for misuse of private information 

is separate and distinct from the traditional equitable action for 

breach of confidence, and is a tort. Secondly, the Court considered 

section 13(2) of the Data Protection Act 1998, which purports to allow 

compensation under the DPA for distress only to those claimants 

who can also demonstrate some pecuniary damage. The Court held 

that section 13(2) was in this respect inconsistent with the rights 

granted by Article 23 of the relevant European data protection 

Directive (95/46), and accordingly disapplied it. 

Equity 

Judicial development of the traditional equitable principles of 

confidentiality has taken more of a back seat during 2015 thus far, 

but Warwickshire County Council v Matalia (a decision of Newey J, 

sitting in the Chancery Division in Birmingham District Registry, on 

27 February 2015) was an interesting addition to the jurisprudence 

on the vexed question as to when information no longer qualifies 

as confidential because it has entered the public domain. Newey J 

granted an injunction to restrain the defendant from publishing on 

the internet some questions which had been set in an 11-plus test, 

at a time when some of the candidates had still not taken the test; 

he held that the contents of the test had not become so generally 

accessible that it could no longer be regarded as confidential. An 

appeal is due to be heard later this year. 

Procedure 

Finally, issues of confidentiality often arise in the context of 

procedural disputes. One frequently recurring phenomenon has 

been the judge-appointed “confidentiality club” to whom the 

disclosure of sensitive documents or information may be restricted. 

Recent decisions that demonstrate the very wide range of 

circumstances in which the possibility of confidentiality clubs 

may surface include Libyan Investment Authority v Societe Generale 

SA [2015] EWHC 530 (QB), Al Fawwaz v Secretary of State for the 

Home Department [2015] EWHC 469 (Admin), Secretary of State for 

Health v Servier Laboratories Ltd [2015] 4 CMLR 20, TalkTalk Telecom 

Group plc v British Telecommunications plc [2015] CAT 13, and 

Warner-Lambert Co LLC v Actavis Group [2015] EWHC 2123 (Pat). 

As these and other cases show, confidentiality clubs, even if 

convenient in practical terms, can often give rise to difficult 

questions of principle – especially as the relevant litigation 

progresses towards a final hearing. 

In re JR38 [2015] 3 WLR 155 was a decision of the Supreme Court, 

on appeal from the Divisional Court (QB) in Northern Ireland. The 

Police Service of Northern Ireland had published photographs of 

people who were present at riots in Derry, with a view to identifying 

them. One of the subjects was only 14 years old at the time and 

sought a judicial review of the decision to publish his photograph. 

The Supreme Court unanimously dismissed his claim, but their 

Lordships disagreed as to the legal test to be applied. The majority 

held that the touchstone for the engagement of Article 8 was whether 

the applicant, on the facts, had a reasonable expectation of privacy 

in relation to the subject matter of his complaint. (Lords Kerr and 

Wilson, dissenting, pointed to the effect that the publication of the 

photographs could have on the life of a child and considered that the 

test of “reasonable expectation of privacy” should not be regarded 

as an inflexible determinative test.) 

One frequently recurring phenomenon 

has been the judge-appointed 

“confidentiality club” to whom the 

disclosure of sensitive documents or 

information may be restricted. 

Charles Phipps, Barrister 

4 New Square Chambers 



9 

VIEWPOINT 

The Court of Appeal’s ruling that three 

UK domiciled individuals can pursue a 

privacy claim against Google (Vidal–Hall et al 

v Google [2015] EWCA Civ 311) has a number of 

implications to the insurance industry. 

The court held that “what is alleged to have been the secret and 

blanket tracking and collation of information, often of an extremely 

private nature” raised serious issues meriting a trial. 

The case has potentially huge ramifications for online privacy 

and data protection law – as well as for data breaches and how 

the Data Protection Act 1998 is interpreted. 

Claims relating to breaches of data security are now achieving 

an increasingly significant profile which is likely to attract more 

interest from law firms willing to deal with these claims on a 

‘no win, no fee’ basis. 

This could lead to a spate of compensation claims for data security 

breaches, particularly if and when notification of a breach becomes 

compulsory under the EU General Data Protection Regulation. 

There are serious concerns amongst some commentators that 

companies breaching their data protection obligations could 

potentially face compensation claims amounting to many hundreds 

of thousands of pounds. Individual claims may not be for enormous 

sums, but the multiplier effect (think of the recent events involving 

Ashley Madison where, reportedly, millions of accounts have been 

compromised) could magnify an organisations exposure beyond that 

which may have been originally envisaged. This in turn could see an 

increase in settlements just to avoid the additional costs associated 

with litigation. 

The general legal principle is that anonymised data is not personal 

data. This raises the question, to what extent data can be filtered 

before data subjects become identifiable and the data becomes 

“personal data”? 

So what does this mean for insurers? 

The most important legal point emerging from this case may be that 

misuse of private information is a tort (unlike breach of confidence). 

Whilst this is an important legal distinction it is unlikely to have much 

impact on the bottom line for insurers. That said, parties entering into 

commercial contracts would be well advised to expressly set out in 

their contracts the manner and purpose for which personal data may 

be used. 

An example of the widespread use of an individual’s personal data 

would be store loyalty cards where customers buying habits are 

used to target advertising. The potential claims arising in the event 

of a data protection breach could be significant and insurers will be 

well advised to carefully consider their policy wording so they do not 

expose themselves to an unintended risk of loss. 

The outcome of the case against Google may well determine a 

number of legal issues which currently give rise to well-founded 

concerns in relation to information and data security. For those 

businesses whose interests are likely to be impacted, further clarity 

cannot come soon enough. 

Bavita Rai, Partner 

0121 200 3499 

bavita.rai@weightmans.com 

Claims relating to breaches of data 

security are now achieving an 

increasingly significant profile which 

is likely to attract more interest from 

law firms willing to deal with these 

claims on a ‘no win, no fee’ basis. 

Market Affairs Group 

Weightmans’ Market Affairs Group (MAG) is responsible 

for all forms of market affairs activity on behalf of the 

firm. MAG can report and inform insurers on the latest 

market developments and translate this into actions, 

objectives and strategies providing real value.


BEING ALERT TO SOCIAL 

ENGINEERING AND 

FRIDAY AFTERNOON 

FRAUDSTERS 

More and more cyber criminals are attacking professional services 

firms because their assets are valuable. Mickaela Fox explains 

why there is no silver bullet against cyber crime. 



11 

Professional service firms are a key target for cyber criminals 

owing to the type of data they hold, the type of transactions they 

do, the access they can provide to other organisations and, in the 

case of some law firms, the large sums of money they hold on 

client account. 

No professional firm considers itself bomb-proof against cyber 

attacks but there are still a large number who view cyber fraud 

as an IT problem and tackle it with an IT solution. That attitude 

is outdated. Fraudsters rely on human fallacy and our desire to 

be helpful. Weightmans have been instructed to deal with cases 

involving two distinctive types of cyber scam that demonstrate 

the lengths the fraudsters are prepared to go to, the lucrative 

nature of cyber crime and just how helpful staff members can be. 

The delayed transaction scam 

Phishing is the practice of sending emails attaching PDFs or links 

that when opened release a virus (malware) into the system that 

will, unbeknown to the recipient, sit there gathering information 

for the fraudster – in this particular instance, confidential details 

about a client transaction. 

Armed with the necessary information the fraudster was able to 

manipulate the communications between lawyer and client to 

redirect the proceeds from the transaction in his direction. 

The scam went along the following lines: 

The fraudster sent an email to the solicitor purporting to be 

from their client, notifying the solicitor of new bank account 

details into which the monies due to the client on completion 

of the transaction were to be paid. At the same time an email 

was sent by the fraudster (purporting to be the solicitor) to the 

client in terms that completion of the transaction will be 

delayed for seven days. 

The solicitor, acting on what it believed to be the client’s 

instructions, paid the completion monies to the new account, 

an account connected to the fraudster. The client did not miss 

the money until the seven day period had expired, by which time 

the fraudster had moved the monies, or a considerable part of 

them, beyond the jurisdiction. 

The leak of confidential information and the loss of money 

exposed the firm to the risk of legal action by the client. There 

can be severe regulatory implications too; implications that 

could, in the above example, have been avoided through the 

implementation of a simple financial governance procedure 

concerning the release of client funds. 

The online banking scam 

Vishing is phishing conducted over the telephone, a form of social 

engineering where the fraudster uses information they have found 

out about the firm or the particular individual to gain that person’s 

trust and to trick them into giving up confidential information. In the 

cases in which we acted this included the passcodes to the firms’ 

client accounts. 

Targeting firms holding significant sums on client account, the 

fraudsters struck on a Friday afternoon when, typically, the accounts 

teams are very busy. The fraudsters, using information about the 

firm obtained from public sources and about the client account itself 

(probably obtained using phishing email and malware) to gain their 

confidence, duped staff into assisting them transfer large sums of 

money into bank accounts that they controlled. 

The key to the fraudster’s success was persuading the unsuspecting 

member of the account’s team that they were calling from the fraud 

team of the firm’s bank because suspicious activity had been noted 

on the firm’s account. This was done by referring to legitimate 

transfers that had been actioned, transfers the fraudster could detail 

because they had accessed the firm’s online bank account. They 

then asked the individual if the firm was attempting to send a large 

amount of money to a named third party – a transfer they claimed to 

be able to see someone attempting to do. This was entirely fictitious 

but had the desired effect of creating panic in the individual’s mind 

so when the fraudster asked the individual to help him stop the 

transaction he obliged by providing passcodes that allowed the 

fraudster to withdraw significant sums from the firm’s client account. 

This money was then quickly transferred out of the jurisdiction so it 

could not be traced. 

Tips for better protection from cyber crime 

1. Raise awareness – staff need to be alive to the risk that the firm 

could be attacked through them and of the need to be vigilant 

at all times. 

2. Keep pin numbers and security records safe and ensure that 

work stations are locked when not in use. 

3. Monitor password and information security policies and 

ensure they are adhered to. 

4. Record incidents of attacks, learn from them and make 

staff aware of them. 

5. Ensure antivirus software is up to date and firewalls 

are installed. 

Mickaela Fox, Partner 

0151 242 7963 

mickaela.fox@weightmans.com




Stringent digital security systems surround our airports and banks, but ports and 

vessels are highly vulnerable to cyber attack. Phil James examines this pressing issue. 

The marine industry is open to cyber attack due to a number 

of reasons which include the development of its digital 

security systems failing to keep pace with the technology 

being used in other areas of the transport sector. Further, 

and more worryingly, marine organisations are lagging 

behind the increasingly sophisticated systems being used 

by organised criminals and terrorists. This therefore raises 

the disturbing question of not ‘if’ our ports and vessels will 

fall victim to cyber attack, but ‘when’? 

There are numerous ways in which digital marine 

infrastructure can be penetrated. Bills of lading, manifests 

and transit orders can be falsified, resulting in serious 

financial consequences – not to mention the movement 

of cargoes such as drugs, weapons, human traffic and 

even ‘dirty bombs’. 

Fraudulent data can be inserted into systems to create the 

illusion of legitimacy to criminal and terrorist activities 

carried out by certain criminal organisations. Automatic 

Identification System (AIS) data is based on radio 

transmission, which is also relayed via the internet and is 

susceptible to interference. Another weakness in marine 

security arises out of electronic payment for bunkers. 

Like any digital financial transaction, it is susceptible to 

interference by cyber criminals. Unlike some digital financial 

transactions, the sums involved are always significant. 

The Port of Antwerp hacking incident in 2013 is a recent high 

profile example of a cyber breach. Drug smugglers planted 

an extraordinary array of disguised remote access devices 

on the Belgian port’s logistics systems as part of a major 

hacking attack. 

The attack is thought to have taken place over a two year 

period from June 2011. The organised crime group used 

hackers based in Belgium to infiltrate computer networks in 

at least two companies operating in the Port. The systems 

that controlled the movement and location of containers 

were breached. This allowed: 

■■ 

■■ 

the hackers to access secure data containing location and 

security details of containers, which in turn allowed 

the traffickers to hide cocaine and heroin among 

legitimate cargoes including timber and bananas shipped 

in containers from South America. 

It was then easy for the traffickers to steal the relevant 

containers before the legitimate owner arrived. 



13 

The scale of the problem has been widely assessed by 

cyber security firms that have regularly demonstrated just 

how easy it is to penetrate marine security systems. This 

should serve as a wake-up call for the marine community 

to properly address its security problems – and there have 

been encouraging developments. 

Some ports are already refusing to accept cargoes from 

geographical high-risk areas. Ports can refuse or restrict 

access to their facilities if other ports and carriers cannot 

demonstrate that they have the required level of cyber 

security. This is common practice in the industry as a whole 

and there is no reason why the marine industry should 

be any different. 

Many in the industry are calling for radical reforms at the 

highest levels to ensure the marine sector introduces and 

maintains the same high security levels as, for example, 

the aviation industry. Ultimately this will require significant 

investment in training, physical infrastructure, governance 

and auditing. 

Thankfully, governments and insurers are increasingly 

taking action to address the marine industry’s vulnerability. 

In the UK, the Cyber Essentials Award allows businesses 

to show consumers that they have measures in place to 

defend against cyber threats, such as the recent GOZeuS 

and CryptoLocker malware attacks. Cyber Essentials has also 

helped to provide businesses with clarity on what amounts 

to good cyber practice. 

The Cyber Essential Badge provides reassurance that a 

company takes cyber security seriously – boosting its 

reputation and creating a competitive selling point. It is 

reassuring to note that the scheme is being backed by 

major insurers, reinsurers and market bodies. 

The UK government also requires suppliers bidding for high 

risk contracts to be Cyber Essentials certified. While this is 

not marine specific, it does point the way for the marine 

industry. Looking ahead, carriers and ports may have to 

produce a ‘Cyber Certificate’ to demonstrate that they can 

ensure the integrity of the cargos they carry, handle or store. 

It is necessary for organisations to protect themselves with 

cyber contracts, such documents are likely to become a 

standard part of the contractual framework of the future. 

Gone are the days when marine security 

meant fitting netting to ships’ bulwarks to 

repel pirates. Today’s cyber pirates can create 

havoc on an unprecedented scale. The maritime 

industry must adopt equally sophisticated 

defences – or risk paying a very heavy penalty. 

Phil James, Partner 

0151 243 9849 

phil.james@weightmans.com


GOING THROUGH 

THE GEARS OF 

CHANGE 

Ashton West OBE, Chief Executive, 

Motor Insurers’ Bureau (MIB) 



15 

Technology is fundamentally reshaping the motor insurance industry. Ashton West 

OBE, chief executive of the Motor Insurers’ Bureau (MIB), talks candidly about the 

enormous challenges as well as the major opportunities. 

How much has technology changed since you joined 

MIB in 2003? 

In the last decade there has been extensive change. In terms 

of technology enabled change I’d split this in to two areas – 

the customer and the business. 

Customers’ expectations are very different nowadays due to 

the nature and extent of technology, such as smartphones 

and tablets. This means there is a desire and expectation for 

information, instantly and at all times. Buying behaviours 

have also changed. People want to be able to buy anytime, 

anyplace – and they’re doing this more and more 

through technology. 

The internet has influenced both customer behaviour and 

business operations, and we must all understand how 

Google and other search engines work to maximise our 

marketing activity. 

In addition, technology such as the cloud has brought down 

the whole cost and increased availability of digital storage 

space. The price of hardware has also dropped or remained 

static. Businesses additionally need to satisfy multi-channel 

requirements to reflect the ‘anywhere, anyhow’ expectation 

of customers. 

Just as importantly, the increased use and reliance on 

technology means cyber risks have become increasingly 

prevalent across the industry and this is a huge issue that 

we must all address, working with the government and 

other organisations. 

From a business perspective what are the main challenges 

around technology? 

If I was asked what keeps me awake at night, I’d say firstly, 

information security; secondly, information security; and 

thirdly, information security. 

Without doubt, this is the single most important risk for 

us to manage. As Gerald Ratner famously learned after he 

rubbished one of his jewellery firm’s products – it takes 

years to build a reputation and moments to destroy it. 

Reputational damage from data loss or a data security 

breach is potentially huge – particularly if a significant part 

of your activity is providing data asset management services 

for the insurance industry. 

It could be loss of data, corruption of data, or people selling 

your data if they illegally get access to it. Issues could also 

stem from software failures, loss of intellectual property, or 

sensitive commercial information. These risks are inherent 

whether you’re hosting your own data or someone else is 

hosting it for you. 

Just as importantly, the increased use 

and reliance on technology means cyber 

risks have become increasingly prevalent 

across the industry and this 

is a huge issue that we must all address, 

working with the government and 

other organisations. 

On the flipside, what about cyber opportunities? 

Every threat creates an opportunity. A topical subject would 

be autonomous vehicles and the hacking of cars. Vehicles 

already run on computers to a significant extent and, as we 

move towards autonomous vehicles, not only will they be 

run by computers, they’ll be driven by computers – literally. 

There is significant cyber risk related to that. Just who 

will be responsible for accidents? Autonomous and 

semi-autonomous vehicles are a real market disruptor. 

As we move from semi-autonomous through to 

autonomous vehicles, the whole profile of insurance 

changes dramatically. 

The motor insurance market as we know it will 

disappear. In its place we will have a very different market 

where you’re looking at product liability claims. Who’s 

responsible? Was it the driver? Was it the equipment? 

Obviously if vehicles are fully autonomous it will always 

be the equipment. We are some way off that just now, 

but as we move towards it, we’ll see things changing. 

Then there’s the issue of hacking into computers. If you 

can take control of a car, what are the implications in 

terms of accident risk and injury?


When will we start to see fully autonomous vehicles? 

Sooner than people think. There’s the Google car out 

in the US, and a number of UK initiatives. We have one in 

Milton Keynes with the Lutz Pathfinder pods running electric 

autonomous vehicles around the town. More and more 

of these things are being developed – for example in 2017 

Volvo will be running trials in Gothenburg, Sweden. 

New car adverts on TV are all about autonomous emergency 

braking systems and the ability of vehicles not to crash. 

Virtually every new car coming out has either got these 

features as an option or as standard. 

This is happening now, so you’re probably looking at 

no more than 10 to 15 years until the whole landscape 

is transformed. Some people say this transformation 

is 30 years away. It isn’t. And it will completely 

revolutionise motor insurance as we see it today. 

There are big opportunities in the legal space too. For 

Weightmans there is a huge opportunity to be a thought 

leader in this area. It is developing at a rapid pace. 

What are the main technology issues and challenges facing 

the MIB and the insurance industry generally? 

For the insurance sector I’d split the technology challenges 

in to three areas: the growth and profitability of your 

organisation; regulatory change; and data and 

advanced analytics. 

In terms of growth and profitability, the big question is 

how can organisations make technology do more with 

less, while supporting operational transformation? 

Then there’s the customer wanting to do business 

anywhere, anytime. The industry needs to keep up with 

those expectations and demands because you’ve got to do 

business with customers on their terms. To be able to give a 

consistent experience across multiple technology channels 

is a massive challenge. You’ve got to keep your brand fresh 

and interesting as well. You can become stale very quickly. 

The main challenge for the business is prioritisation and 

securing capital for maximum competitive impact at the 

same time as satisfying regulatory change, and this applies 

to all three areas I mentioned. 



17 

In the insurance industry, regulatory change is becoming 

more pervasive – for example through ‘Solvency II’ 

requirements, IT security, and security management. 

All these things eat up resources, but if you don’t invest in 

technology you’ll die very quickly. The whole digital space 

requires a different way of thinking. You need to build your 

team with the right skill sets. 

What are the priorities for the MIB? 

We’re making data available for the insurance industry. 

A lot of what we do is data asset management for crossindustry 

databases. One of our key initiatives is to make 

this data available at the point of quote. The holy grail for 

the insurance buying process is to reduce the number of 

questions put to customers and acquire the data at the point 

of quote from trusted and validated data sources. 

We’ve already started this process by building the MyLicence 

service which enables customers to give their driving licence 

number and we pull in the data from the DVLA. As a result, 

drivers don’t have to answer all the usual questions, such 

as whether they have a driving licence, what type it is, when 

they received it, and whether they have any points on it. 

Our ABC Roadmap is being developed to include claims data 

and a big part of our work over the next two years is rolling 

this out to the insurance industry. 

The ABC stands for ‘Accurate pricing, Better customer 

experience, and Combating fraud’ and we believe there are 

significant rewards for organisations that come together to 

share high grade, trusted data through initiatives including 

MyLicence, NCD (No Claims Discount), CUE (Claims and 

Underwriting Exchange) and MIAFTR (Motor Insurers’ 

Anti-Fraud and Theft Register). 

Access to these data services is facilitated by the MIB Hub, 

which copes with 300 transactions a second – leading-edge 

technology that we simply couldn’t have built a decade ago. 

What does the future look like for the insurance sector? 

Technology is transforming the way the motor insurance 

industry does business. We are looking at fast-approaching, 

seismic change, both to customer behaviours and our 

internal systems. While it’s true that opportunities will also 

present themselves, we as an industry must invest in the 

technology and people skills necessary to keep pace with 

the velocity of change. All commercial developments 

will create opportunities and risks and therefore require 

insurance intellect to help manage and transfer risk to 

enable investment. 

If I was asked what keeps me awake at night, I’d say 

firstly, information security; secondly, information 

security; and thirdly, information security.


WHAT THE DATA 

PROTECTION REVOLUTION 

MEANS TO YOU 

Sean Crotty explains how the age 

of Big Data is upon us. 

Sean Crotty, Partner 

0151 242 6517 

sean.crotty@weightmans.com 



19 

Insurers handle ever greater quantities of personal data in their 

day-to-day operations – so it has never been more important to 

ensure they have watertight legal compliance systems. The age 

of Big Data is upon us. 

Effectively protecting personal data is critical to the success 

of insurers, self-insureds and intermediaries. As a major asset, 

personal data must be safeguarded and utilised properly, in 

accordance with strict legal requirements. 

The service launched in December 2014 illustrates how data 

protection issues can be successfully managed to deliver real 

and sustainable benefits for multiple stakeholders. 

The revolutionary government-backed scheme was launched by the 

Association of British Insurers’ (ABI), Motor Insurers’ Bureau (MIB) 

and Driver and Vehicle Licensing Agency (DVLA) to provide the motor 

insurance industry with secure access to accurate driving history 

information. All data will be routed through the MIB Hub which is 

expected to receive, and respond to, tens of millions of requests 

every day. 

The function of MyLicence – to provide insurers with access to 

electronic driving records – threw up a number of legally complex 

questions and Weightmans was asked to advise the MIB on data 

protection, IT and contractual issues during negotiations, and after 

the launch of the system. 

MyLicence is about data sharing, as opposed to data flow, which 

meant there were numerous legal issues for both the MIB and 

DVLA. One of the areas we were involved in related to advising on 

how information could be legally shared between the parties, while 

complying with the Data Protection Act 1998 (“DPA”). 

As a result of the successful resolution of these issues, MyLicence 

enables insurers to use the policyholder’s driving licence number 

to obtain data that helps to accurately assess risk and prevent fraud 

when dealing with new customers or policy renewals. This will 

benefit motor insurance providers and law-abiding motorists alike. 

The MyLicence initiative was launched in the context of the 

government’s commitment to upholding information rights in the 

public interest, as well as protecting the privacy of individuals in 

respect of their personal data. It also forms part of a series of digital 

services exemplar initiatives to remove red-tape and improve the 

government services available to the public. 

In an increasingly regulated environment, businesses in the 

insurance industry must be aware of their obligations under the 

DPA, the Privacy and Electronic Communications Regulations 2003 

and related legislation. 

This is because breaches of the DPA and the other data protection 

laws can lead to significant reputational and brand damage for 

defaulting organisations. In addition, the financial penalties that 

can be levied for breach of the DPA are becoming increasingly 

severe – as are a number of other possible negative consequences, 

such as major reputational damage. 

On top of this, the European Commission has issued new and 

extensive legislative proposals regarding the protection of personal 

data. These are considerably more detailed and far-reaching than the 

current regime. Consequently, they are likely to increase the data 

protection compliance obligations of all organisations that collect, 

hold and process personal data as part of their operations. 

The main data protection issues include: access to and use of 

personal data and sensitive personal data; data sharing; data 

subject access requests; employment related issues; international 

data transfers; notification and general data protection compliance; 

privacy policies and compliance with the fair processing’’; personal 

data security breaches and notification; privacy and electronic 

communication issues; electronic marketing; and rules around 

cookies and cookies policies. 

Data protection is increasingly central to the activities of business 

across the insurance industry. While it is essential to protect your 

interests against the risks of regulatory mismanagement, there 

are also substantial commercial benefits for forward-thinking 

businesses prepared to innovate and develop their approach to data 

management. Utilisation of this increasingly valuable asset should 

be at the forefront of all business plans within the insurance industry. 

Big data is the future, however compliance is key. 

The launch of the MyLicence service earlier this 

year illustrates how data protection issues can 

be successfully managed to deliver real and 

sustainable benefits for multiple stakeholders.


USING TECHNOLOGY 

TO REDUCE THE 

COST OF CARE 



21 

Victoria Coleman believes compensators remain unaware 

of the revolution in telecare – it’s time for compensators to 

inspire handlers to take a more “techno savvy” approach. 

Most compensators are aware of advanced prosthetics such as 

running blades that enable parathletes to achieve spectacular 

sporting success and, also, the new generation of bionic limbs and 

robotic exoskeletons which enable the paralysed to stand and walk. 

Likewise, no one will have missed the recent award to a below knee 

amputee of £4.5 million including £2.15 million for prosthetics. 

Compensators are also generally aware of advances in neurological 

science enabling spinal cord regeneration. However, there is a 

quieter revolution which compensators are less aware of – the 

revolution in telecare. 

So, where does technology have the biggest impact on catastrophic 

injury claims? Weightmans’ large loss database showed in 

January 2015 that less than 1% of claims were spinal injuries 

and less than 1% involved amputations. Whilst these claims are 

expensive, they represent a small proportion of compensators’ 

outlay. Compensators’ biggest outlay is on brain injuries, 50% of 

Weightmans’ catastrophic claims portfolio are brain injuries and 

the majority of these are moderate injuries to include the walking 

wounded, often having issues around cognition, forgetfulness, 

executive function and confidence. Support worker regimes are 

costed to prompt, remind, enable the claimant and so on, often many 

decades into the future. 

Forward thinking compensators are looking to see their outlay 

reduce through innovative use of emerging telecare technology 

– software applications/systems that enable regular and effective 

interaction with individuals so that they feel fully supported. One 

example is “Brain in Hand” which is a sophisticated, yet simple, 

smartphone app that allows users to develop pre-programmed 

responses to everyday issues so that they can deal with all manner 

of potential problems in advance. “Guide” (General User Interface 

for Disorders of Execution) is another example of progressive 

technology which is an interactive tool that simulates normal verbal 

prompting in a way that allows the claimant to interact with it 

conversationally, as with a carer. These can be coupled with fitting 

of sensors and a range of electronic controls around the claimant’s 

home as an independent yet safe living environment. 

So, gone are the days of needing a support worker because the 

claimant might forget to take tablets, let the bath overflow, not know 

what to do if he locks himself out or a stranger knocks unexpectedly. 

Needless to say an assistive device, even the most advanced, can’t 

substitute the assistance provided by a human carer, but it can give 

the claimant a sense of independence, privacy and confidence, 

relieving the need for the caregiver to be a continuous presence. 

Compensators should just: 

The impetus for changing how we deal with care in these cases is clear: 

■■ 

■■ 

the cost to compensators is enormous and ever increasing; and 

in many cases, such packages are not in the claimant’s best 

interests either, serving only to undermine the claimant’s 

confidence and increase his/her dependency. 

■■ 

■■ 

educate the field of care experts as to what is available and how 

it can be used in practice and best be developed; and 

inspire handlers to approach long term care for the brain 

injured with a techno savvy approach, delivering the best 

outcome for the claimant in a way that is the most cost effective 

for the compensator. 

Why can we expect change now? The country faces a demographic 

challenge. We live in an ageing population. According to the Office 

for National Statistics (“ONS”), from 2012 to 2032 we can expect to 

see the population of 65-84 year olds increase by 37% and the over 

85’s to increase by 106%. As people age they develop a multitude of 

conditions requiring care to include dementia, strokes and so on. It is 

projected that the number of people in England with long term care 

needs will rise by 60% in the next 20 years. So there has been multimillion 

pound investment in the adult social care sector, specifically 

aimed at keeping people living at home for longer. 

Victoria Coleman, Partner 

0151 242 7991 

victoria.coleman@weightmans.com 

Suspend your disbelief, says Victoria Coleman: Who would have 

imagined even a decade ago that we would be travelling by satnav, 

skyping, using apps for learning, banking and shopping online?


WHY SOCIAL MEDIA 

MUST BE EFFECTIVELY 

MANAGED 

he impact of social media on 

T businesses in the insurance 

industry cannot be overstated. 

Mark Landon examines some of the 

key issues and suggests solutions. 



23 

Social media platforms such 

as Twitter and Facebook provide 

fast and effective opportunities to 

raise your profile, network and advertise. 

However, misuse of social media by workers 

costs Britain’s economy billions of pounds every 

year, and raises many challenges for employers. 

Set out below are some of the common problem areas. 

Managing performance 

Detrimental impact upon productivity: employees’ 

productivity can suffer significantly if there are not clear 

guidelines as regards to the personal use of social media 

during work time. 

Work organisation / expectation: social media often blurs the 

distinction between work and home life. While this flexibility 

has advantages for both employers and employees, 

employers must be reasonable about work demands 

placed on staff outside normal working hours. In addition, 

employers should be alive to the welfare issues that might 

arise with those employees who find it hard to ‘switch off’ – 

an ability to access work remotely can impact upon longterm 

wellbeing and performance. 

Cyber bullying 

It is important for companies to communicate in their 

bullying and harassment policy that online discrimination 

and harassment will be treated as a disciplinary issue in 

the same way as any other form of harassment, whether it 

occurs at work or outside of work. 

Searching for, viewing, storing and sending in 

appropriate material 

Employers must establish clear guidelines about their 

expectations and the consequences should employees search 

for, view, store or send inappropriate material to colleagues 

whilst at work or, indeed, transmit inappropriate material to 

colleagues etc whilst away from work. The nature of material 

viewed by an employee in the privacy of their own home may 

also be a legitimate concern for their employer if it calls into 

question their suitability for their role. 

Risks of damage to your brand’s reputation 

Employers should also establish clear guidelines on social 

networking, ensuring that comments posted online cannot 

be linked to your organisation and emphasising that 

employees are expected to protect your reputation. On top 

of this, an employee’s comments may be defamatory and 

may leave your organisation open to a libel action. 

Confidential information & data protection 

Confidential information: there is an ever-present risk of 

employees posting confidential information online, usually 

inadvertently but sometimes deliberately. Employment 

contracts, social networking and other relevant policies 

should be reviewed to ensure that they provide specific 

guidance to employees about this issue. 

Data protection: employers should take steps to ensure that 

employees understand that it is not appropriate to disclose 

personal data relating to their colleagues on social media 

without their permission. 

Protective measures 

There are various protective measures which employers 

can take to guard against problems arising from employees’ 

use of social media, the key ones being: 

■■ 

adopt a Social Media Policy: the first line of defence – 

and point of reference – for any organisation should 

be a social media policy which provides guidance for 

employees on how to use social media in a work context 

■■ 

■■ 

■■ 

adopt Company Guidelines for use of Social Media: staff 

who use social media as part of the company’s strategic 

marketing, public relations, corporate communications, 

shareholder relations or recruiting activities should 

be provided with company guidelines for use of social 

media so that they can use an appropriate tone when 

commenting via social media platforms, and avoid 

saying the wrong thing 

monitor company-related social media and 

monitor third-party activity. 

Mark Landon, Partner 

020 7822 1905 

mark.landon@weightmans.com


MARKET 

WATCH 

Businesses are constantly seeking new and innovative 

ways of maintaining a competitive advantage. 

One way to stay ahead of the field is to monitor the horizon for 

legislative change and either insulate against any negative effect, 

or maximise any benefits. Weightmans’ Market Affairs Group not 

only monitors the horizon, but actively engages the market to 

effect change. We take a look at upcoming issues. 

2. EU GENERAL DATA PROTECTION REGULATION 

(“THE REGULATION”) 

The Regulation is expected to be enacted later this year 

coming into force during 2017. It will be directly effective 

in all EU member states. 

Commercial organisations such as insurers and brokers 

handle significant amounts of personal and often sensitive 

data, therefore, the impact of this new Regulation cannot be 

understated. The Regulation will: 

■■ 

■■ 

■■ 

■■ 

create a pan-European data protection authority 

require mandatory notification of data breaches 

increase the limit of fines for a breach to 5% of the offenders 

global annual turnover; and 

apply to all organisations conducting business in Europe, 

regardless of whether they are domiciled within the EU. 

The Regulation also underpins principles such as the “right to 

be forgotten” and organisations need to look to their processes 

and systems to ensure they can comply with the new rules. 

1. THE INSURANCE ACT 2015 (“THE ACT”) 

The main provisions of the Act come into force on 12 August 

2016. It changes the duty of utmost good faith to a duty of fair 

presentation, abolishes “basis of contract” clauses, amends 

the law on warranties and codifies the law on insurance 

contract fraud. The Act also makes amendments to the Third 

Parties (Rights Against Insurers) which will allow it to be 

brought into force. 

The Insurance Act will mean significant change for insurers 

who are well advised to start their change projects now. 

3. TACKLING THE COMPENSATION CULTURE 

Insurers, led by the Association of British Insurers have tabled 

their latest proposals to tackle adverse behaviours in the 

personal injury market. Noise induced hearing loss (“NIHL”) 

claims have increased significantly over the last three years. 

In response, insurers are calling for fixed costs in NIHL cases, 

the introduction of a pre-action protocol, and the creation of a 

claims portal capable of running multi-defendant actions. 

Insurers are also lobbying for an increase in the small claims 

track limit, as well as a change to the law so that some injured 

parties receive care in lieu of compensation. 

4. CLAIMS MANAGEMENT REGULATION 

The government has voiced its intention to review claims 

management regulation and whether this would be better as 

part of the remit of the Financial Conduct Authority as opposed 

to a government department. The government is expected to 

consult on this shortly. 



25 

5. TECHNOLOGY 

Technological advances such as drones, autonomous vehicles, and the internet of things, are increasingly prevalent on the insurance 

radar. Whilst these new technologies bring with them familiar risks, the size and scale with which those risks could manifest due to the 

globalisation of our society could well prove costly for insurers. 

Whilst insurers have a place at the forefront of this technological revolution and the potential for significant premium growth is 

attractive, insurers should not underestimate the risks that such technologies bring. 

6. SOLVENCY II DIRECTIVE (“THE DIRECTIVE”) AND THE SENIOR INSURANCE MANAGERS REGIME (“SIMR”) 

The Directive comes into force on 01 January 2016 and introduces a new regulatory regime for the whole of Europe. Amongst other 

things, the Directive is intended to improve consumer protection, ensure the fiscal stability of insurers, and modernise the governance 

and supervision regimes. 

The Prudential Regulation Authority (“PRA”) has recently issued the SIMR which also comes into force on 01 January 2016 to coincide 

with Solvency II. This replaces the PRA’s approved person’s regime and codifies the regulatory focus on individual accountability, 

creating rules for senior office holders and non-executive directors at insurance companies. 

MAG 

Weightmans’ Market Affairs Group (MAG) is responsible 

for all forms of market affairs activity on behalf of the firm. 

MAG can report and inform insurers on the latest market 

developments and translate this into actions, objectives 

and strategies providing real value. 

If you would like to contact MAG please email: 

marketaffairs@weightmans.com 

Bavita Rai, 

Innovation & 

Client Affairs 

0121 200 3499 

David Johnson, 

Political Affairs 

020 7822 7146 

Doug Keir, 

Scottish Affairs 

Kurt Rowe, 

Market Affairs 

0141 375 0869 020 7822 7132


SPOTLIGHT 

Expansion in Large Loss team 

We have expanded our Large Loss and Technical Claims insurance 

division in London with the recruitment of new Partner, Seva Singh. 

Previously with DAC Beachcroft, Seva specialises in high value 

personal injury litigation, handling all types of claims including: 

motor, employers’ liability, public liability, occupiers’ liability 

and insurance contract law. 

Seva’s specialist areas of interest include; maximum severity 

brain injury cases and in particular cases involving issues of 

capacity. He has also handled a range of work involving 

insurance contract and indemnity disputes. 

Kieran Jones, Insurance Director said: 

“Seva is a great addition to our growing 

Insurance team in London and brings 

additional expertise with regard to litigation 

capabilities. We are delighted to have him 

on board.” 

Seva added: 

“I’m excited to have joined Weightmans, a 

progressive law firm with a leading reputation in 

insurance. Weightmans is already making a tremendous 

impact not only in the London Market, but nationally, 

and I am pleased to be a part of the team, and assisting 

with the challenges that our clients face.” 

Weightmans versus MIB in 

annual cricket match 

This summer saw cricketing fans torn between the second 

Ashes test at Lords and, for the more discerning eye, the 

annual Weightmans Challenge against valued client, the MIB, 

at Great Brickhill Cricket Club. Having won the toss, Brett Batty, 

the MIB captain, elected to bat on a drying wicket, that may have 

offered help to the bowlers, had they possessed the necessary 

skills to exploit it. Some hard hitting by the tail meant Weightmans 

were set a challenging target of 146. After a bright start, victory 

seemed to be within reach until Weightmans Partner, Dave Ingleson, 

beset by a lack of technique dropped anchor and the run rate reached 

levels not even contemplated by bookmakers watching the Indian 

Premier League (IPL). After a tight finish, MIB regained the trophy 

they had lost in 2014, but the general consensus was that cricket 

had been the real winner. 

Expansion in London 

Renowned as market leaders in insurance, we recently opened 

an additional office in London in the heart of the insurance district, 

Exchequer Court EC3. The move builds on our expanding 

position in the London Market, as a full service national 

law firm. 

We are committed to continuing to support and advise our 

clients and the London market from our new base. 

You will have read earlier in this issue, that we are conducting 

research into the cyber issues impacting the many sectors 

within the insurance industry. 

If you would like to know more about the survey and/or if 

you would be interested in receiving the survey results 

please contact InView@weightmans.com 



27 

Merger with Ford & Warren completed 

We completed our merger with Ford & Warren in July further 

strengthening our position as a top 45 national law firm, bringing 

the combined staff count to over 1400 people, with a combined 

turnover in excess of £100 million. 

The firm will continue to operate at the site at Westgate 

Point, Leeds, adding to its existing eight locations across the 

UK. The merger will add to Weightmans’ national presence 

with outstanding expertise and the resources to focus on 

our clients’ needs. 

Ford & Warren Managing Partner, Peter McWilliams commented: 

“The two firms share a common ethos, with 

similar cultures and strategies. It became 

apparent early on that we were well matched, and 

we look forward to growing the business, overcoming 

new challenges and exceeding client expectations 

together, both in the North and nationwide.” 

Weightmans Managing Partner, John Schorah said: 

“We are absolutely delighted to have now 

completed the merger with Ford & Warren. 

We look forward to being stronger together, and 

working in synergy to maintain the high standards 

we set ourselves for our clients.” 

Calum Fife joins the firm strengthening 

our growing presence in Scotland 

Insurance law specialist Calum Fife has joined Weightmans, 

illustrating the firm’s rapid growth north of the border. 

Calum has represented an array of large insurers in relation to 

disease, employer/public liability and motor claims, in both the 

Sheriff Court and Court of Session. He joins Weightmans’ already 

established insurance team to continue their successful growth 

and development in the Scottish market. 

Doug Keir, Head of the Scottish Insurance Team at Weightmans 

said: “We are delighted to have Calum on board to further boost 

the team – which has grown from strength to strength since we 

launched in Scotland in September 2014.” 

Calum’s appointment is the latest in a series of strategic hires 

for the insurance arm of the business. It further underlines the 

firm’s strategy of responding to client and market demand 

north of the border.

Law is our business. 

No gimmicks. Just sound Insurance legal advice 

that sells itself. 

A top 45 law firm with a full range of legal services, at Weightmans 

– it’s all about you. With client satisfaction scores higher than the 

legal industry average, we work hard to get results for our clients 

each and every day. 

Weightmans – your partner for growth. 

For further information, please contact 

Kieran Jones, Insurance Director on 0845 070 3851 

or email kieran.jones@weightmans.com 

For more information visit weightmans.com

InView Autumn/Winter 2015

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