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Commercial Law and Common Law

David Hertzell was appointed as Commissioner on 1 July 2007, in succession to Professor Hugh Beale QC, FBA.  He began his legal career as a trainee solicitor with Davies Arnold Cooper in 1981 and was admitted as a solicitor in 1983.  Davies Arnold Cooper made Mr Hertzell a Partner in 1989.  He became Managing partner in 1992; a post he held until 1996 and again from 1999 to 2006. Apart from his management responsibilities Mr Hertzell specialised in professional indemnity, reinsurance, captive insurance and regulatory issues. 

David Hertzell has represented both domestic and international insurers and reinsurers in a wide range of disputes and has managed a professional indemnity scheme for a major UK insurance company.  He is the Chair of the Captive and Risk Financing Focus Group of AIRMIC and is a member of the Law Society, The Chartered Insurance Institute and the Managing Partners Forum.  He has written and published a number of articles on commercial insurance law.

The Team:

Tammy Goriely (team manager)
Elizabeth Waller (lawyer)
Helen Hall (lawyer)
Donna Birthwright (lawyer)
Michael Harakis (lawyer)
Teniola Onabanjo (research assistant)
Thomas De Vecchi (research assistant)
Tania Dosoruth (research assistant)
Christopher Carr (research assistant)

Ongoing Commercial and Common Law Projects:

Insurance Contract Law
We are working jointly with the Scottish Law Commission to review the law of insurance contracts, which Parliament has not revised since 1906.  Many aspects have been criticised for being too harsh on policyholders, incoherent and outdated. 

In July 2007 we published our first consultation paper which considers the law of misrepresentation, non-disclosure and breach of warranty. We received 105 responses - separate summaries of the responses on consumer insurance reform and on business insurance reform are available on the project page.  The responses showed strong support for statutory reform of consumers’ duties to provide pre-contract information to insurers, and the two Law Commissions are giving priority to drafting a Bill on this, which we plan to publish in autumn 2009.  In 2009 we will also publish further issues papers on business insurance and damages for late payment.

Further information is available.

Property Interests in Intermediated Investment Securities
We are considering the issues affecting the ownership and transfer of investment securities. The project focuses on securities that are held not directly by investors but indirectly through a chain of one or more intermediaries, usually as entries on a computer.  Further information is available.

Illegal Transactions
This reviews the effect of illegality on contracts and trusts.  A report and draft Bill will be published in autumn 2009.  Further information is available.

Consumer Remedies for Faulty Goods
The Law Commission and Scottish Law Commission are looking at the remedies available to consumers when they buy goods that do not conform to contract.  The law in this area consists of overlapping domestic and EU remedies, and has been criticised for being unnecessarily complex.  We published a consultation paper in November 2008, and received 53 responses.  We published a summary of those responses in May 2009.  Further information is available.

Private Rights of Redress under the Unfair Commercial Practices Directive
In May 2008, the Unfair Commercial Practices Directive was implemented into UK law.  The new law allows for enforcement by the Office of Fair Trading and trading standards officers, but does not allow individuals to bring claims for damages.  In July 2008, the Department for Business Enterprise and regulatory reform (BERR) asked us for preliminary advice on the issues which would be raised by providing consumers with a private right of redress for unfair commercial practices.  We sent our preliminary advice to BERR on 10/11/08.

Further information is available.

For all commercial and common law consultation papers and reports, go to the publications page.

For more information contact the commercial and common law team.

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