Insights

Disease Risk Radar

Market Insight 2025年4月2日 2025年4月2日
英国和欧洲
Regulatory movement
保险和再保险

The disease and legacy claims landscape continues to evolve, driven by regulatory, economic, technological, and environmental factors.

Our Disease Risk Radar scopes existing, imminent, proximate, and remote risks associated with UK disease and legacy claims. The impact of each risk is also considered whether it be financial to the insurer or reputational to the insured.

Navigate the unknown with our Risk Radar here >

Find out more about our Disease Risk Radar in the video below:

Development in law of causation

Changes to the law of causation have potentially far-reaching implications to numerous risks on the radar. Ultimately the raising or lowering of the causative hurdle, make claims either harder or easier to pursue and can therefore have a significant impact on claim numbers and indemnity spend. The Claimant fraternity continues to explore and attack this causative hurdle and it is therefore vital that Defendants and their insurers are cognisant of key test litigation, its likely impact and what steps, both reactive and proactive, they can take to manage that risk.

Navigate the unknown with our Risk Radar here >

The UK government is taking steps to implement the recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA), including the removal of the three-year limitation period in personal injury claims made as a result of childhood sexual abuse. Organisations and insurers need to prepare for the changing legal landscape as the 20 recommendations from IICSA’s final report are implemented.

Paula Jefferson, Partner at Clyde & Co

With over 500 claimants in the contact sport related concussion litigation and growing, the possible scale of the issue is vast, with lasting implications for participation sports at all levels. There is also a real risk of further claims relating to other sports beyond rugby and football and also the risk bleed-across into other sectors, for example recent US literature has suggested similar risks arising in law enforcement and other first responders. Insurers should be thinking about a general response strategy.

Chris Fletcher, Partner at Clyde & Co

HSE's latest statistics show that around 50% of reported ill-health is related to stress, depression or anxiety. Also, a 2023 poll found that 58% of women experienced sexual harassment at work. The Worker Protection Act 2023 introduces a new proactive duty on employers to take more steps to prevent sexual harassment in the workplace. Under the Employment Rights Bill 2024 additional duties on employers are potentially on the horizon.

Louise Quincey, Partner at Clyde & Co

We have seen a significant rise in claims for housing disrepair related personal injury, and in particular claims which include an element of psychiatric injury. It has been reported that claims against local authorities have more than doubled in recent years, which is undoubtedly connected to increasing media coverage, failing housing stock and aggressive claims farming. Consequently defendants and their insurers need to take proactive steps to suitably manage and mitigate against unnecessary and costly litigation.

Edward Sainsbury, Clyde & Co Partner