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Alaina Wadsworth]

Alaina Wadsworth

Partner
Solicitor Advocate

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, French, Spanish

Alaina is a partner and solicitor advocate in CMS’s Insurance and Reinsurance Group having trained at the firm and qualified in 2009.

She specialises in advising on contentious litigation and arbitration claims on a variety of subject matters with a particular focus on insurance and reinsurance disputes and coverage, aviation claims and coverage and a broad range of professional negligence claims.

She regularly advises on heavy weight litigation matters as well as international and cross-border disputes, utilising her foreign language skills, and was involved in one of the largest negligence claims of recent years defending a leading broking house where the claims, valued at worth half a billion dollars, concerned an all risks policy placed into the specie market.

Alaina has completed three extended secondments; one as an aviation claims adjuster to a major insurer and aviation market lead and two to the legal teams of leading insurance brokers.

Having undertaken numerous policy reviews and regularly spoken on the topic, Alaina is well versed in advising on the impact of the Insurance and Enterprise Acts.

She is a contributing associate to the leading text Insurance Broking Practice and the Law.

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Education

  • 2012 – Higher Rights of Audience, BPP, London
  • 2007 – LLB, College of Law, London
  • 2007 – Legal Practice Course, College of Law, London
  • 2006 – Graduate Diploma in Law, College of Law, London
  • 2005 – BA Hons French and Spanish, Cardiff University, London
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22/03/2017
In­sur­ance: in­surer li­able for de­fence costs where only un­in­sured claims...
The High Court has made a non-party costs or­der against an in­surer in re­spect of un­in­sured claims. Back­ground The de­fend­ant, Trans­form Med­ic­al Group, faced 426 claims brought against it for the sup­ply of de­fect­ive breast im­plants as part of the Poly Im­plant...
04/09/2017
lnsur­ance claims: Co-op­er­a­tion and in­surer­'s duty to make clear when...
The Court of Ap­peal has held that in­surers could not es­cape li­ab­il­ity by re­ly­ing on breach of a con­di­tion pre­ced­ent as they had had a duty to tell the in­sured that they re­garded doc­u­ments as out­stand­ing. Back­ground The claimants were a hold­ing com­pany for...
12/08/2016
In­sur­ance Act 2015: now in force
The main pro­vi­sions of the In­sur­ance Act 2015 come in­to force today. With the con­sumer in­sur­ance re­forms that came in­to force in 2013, this rep­res­ents the biggest shake up of in­sur­ance law in over 100 years. The ma­jor­ity of the changes in­tro­duced by the Act...

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31/01/2018
Ten things every in­surer should know
03/10/2019
Brazili­an Con­gress re­moves re­stric­tions on for­eign own­er­ship for na­tion­al...
The Brazili­an Con­gress has amended the Brazili­an Avi­ation Code to re­move re­stric­tions on for­eign own­er­ship and con­trol of na­tion­al air­lines. The move is ex­pec­ted to in­crease com­pet­i­tion and for­eign in­vest­ment and im­pact the fin­ance and in­sur­ance mar­kets.
06/02/2016
CMS launches Glob­al Product Li­ab­il­ity team in Lifes­ci­ences
27/09/2019
In­sur­ance Con­sid­er­a­tions: Sexu­al Har­ass­ment in the Work­place
The Gov­ern­ment has opened a pub­lic con­sulta­tion to con­sider wheth­er cur­rent laws pro­tect­ing people from sexu­al har­ass­ment in the work­place are ef­fect­ive. There is a per­ceived gap between the du­ties set out in the ex­ist­ing law and em­ploy­ers tak­ing pro­act­ive.
27/05/2016
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Spring 2016)
30/08/2019
In­ter­pret­ing ‘Ac­ci­dent’ un­der the Montreal Con­ven­tion
Car­melo Lab­ba­dia v Al­it­alia [2019] EWHC 2103 The High Court re­cently con­sidered if a fail­ure to act can be an ‘ac­ci­dent’ un­der Art­icle 17 of the Montreal Con­ven­tion 1999 in cir­cum­stances where the air­craft steps were un­covered and had not been cleared of snow.
17/07/2014
Risk Mat­ters: In­sur­ance Sec­tor news­let­ter Sum­mer 2014
High­light­ing top­ic­al is­sues for in­sur­ance sec­tor par­ti­cipants
01/08/2019
Avi­ation: pas­sen­gers’ rights to com­pens­a­tion against EU Com­munity...
In CS v České Aer­olinie a. s. , the European Court of Justice con­firmed that pas­sen­gers have the right to com­pens­a­tion pay­ments against EU Com­munity car­ri­ers with whom they con­tract, even if the delay was solely caused by a con­nect­ing air­line, which is fly­ing.
11/07/2019
Avi­ation: “ex­traordin­ary cir­cum­stances” with­in the Flight Pas­sen­ger...
In Moens v Ry­anair Ltd, a Bel­gian Ma­gis­trate’s Court asked the Court of Justice of the European Uni­on (CJEU) to give a pre­lim­in­ary rul­ing on the mean­ing of “ex­traordin­ary cir­cum­stances” in the Flight Pas­sen­ger Rights Reg­u­la­tion (EC261/2004).
03/07/2019
Avi­ation: con­struc­tion of ex­clus­ive jur­is­dic­tion clause in de­clar­at­ory...
The Court of Ap­peal re­cently provided a use­ful guide to the con­struc­tion of an ex­clus­ive jur­is­dic­tion clause with­in a series of con­tracts for the pur­chase of an air­craft. It up­held a claim for breach of the clause in re­spect of for­eign pro­ceed­ings brought by.
20/06/2019
One small step for in­sur­ance: the Space In­dustry Act 2018 and Gov­ern­ment...
One ob­ject­ive of the Gov­ern­ment’s In­dus­tri­al Strategy is for the UK to in­crease its share of the com­mer­cial space­flight mar­ket. As part of this policy, the Space In­sur­ance Act 2018 (SIA) was en­acted to es­tab­lish a reg­u­lat­ory frame­work that would en­able space­flight.
29/05/2019
In­sur­ance: as­sess­ment of dam­ages in prop­erty dam­age policies
The High Court has ordered in­surers to in­dem­ni­fy an in­sured for a prop­erty dam­age claim for build­ing, plant and ma­chinery des­troyed in a fire on a re­in­state­ment basis, as op­posed to mar­ket value basis, des­pite no steps hav­ing been taken as yet to re-in­state.