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Portrait of Alaina Wadsworth

Alaina Wadsworth

Partner
Solicitor Advocate

Contact
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 is ranked as a Rising Star in Insurance Law by Super Lawyers and Expert Guides.

She specialises in advising on insurance and reinsurance disputes and coverage with a particular focus on healthcare, aviation and a broad range of professional negligence claims (particularly insurance brokers).

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.

In addition to her contentious practice, Alaina advises on non-contentious insurance issues such as policy drafting and wording reviews and insurance contractual documentation such as coverholder arrangements, SLAs, TOBAs and broker transfers. Having undertaken numerous policy drafting and wording reviews and regularly spoken on the topic, Alaina is well versed in advising on the impact of the Consumer, Insurance and Enterprise Acts.

She is a contributing partner 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 P
04/09/2017
lnsur­ance claims: Co-op­er­a­tion and in­surer­'s duty to make clear when in­form­a­tion...
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 comp
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

Feed

05/08/2021
Pack­age hol­i­day pro­vider li­able for acts of hotel em­ploy­ee
Re­cent cla­ri­fic­a­tion from the Court of Justice of the European Uni­on has brought clos­ure to the UK Su­preme Court de­cision in X v Kuoni Travel Lim­ited. The UK­SC found that the pro­vider of a pack­age hol­i­day...
14/07/2021
Joint re­tain­ers: suc­cessors in title en­titled to the same leg­al priv­ilege...
The Court of Ap­peal ap­plied the leg­al prin­ciples of joint re­tain­er priv­ilege and up­held the High Court or­der for the dis­clos­ure of doc­u­ments to the in­sured’s suc­cessor in title. The case con­cerned a...
28/05/2021
Con­sumer in­sur­ance: in­surers’ rem­ed­ies for mis­rep­res­ent­a­tion 
In one of the few re­por­ted cases de­cided un­der the Con­sumer In­sur­ance (Dis­clos­ure and Rep­res­ent­a­tions) Act 2012, the Com­mer­cial Court has held that an in­surer was en­titled to avoid a policy of in­sur­ance...
28/04/2021
Su­preme Court con­siders mean­ing of 'delib­er­ate act' in pub­lic li­ab­il­ity...
The Su­preme Court has con­sidered the mean­ing of the phrase ‘de­lib­er­ate acts’ in an ex­clu­sion clause in a pub­lic li­ab­il­ity in­sur­ance policy in the case of Bur­nett or Grant v In­ter­na­tion­al In­sur­ance...
20/04/2021
In­sur­ance in­ter­me­di­ar­ies: con­tinu­ing duty to re­mit funds
The re­cent case of Equitas Ltd v Sande In­vest­ments Ltd con­sidered what du­ties are owed by an en­tity, that may not be a full Lloy­d's broker, but that car­ries out the same mar­ket activ­it­ies as a broker...
16/04/2021
In­dus­tri­al dis­ease claims: lim­it­a­tion and claimant’s date of know­ledge 
The Lim­it­a­tion Act 1980 states that a claim must be made with­in three years of the date of know­ledge and that date of know­ledge is the date on which the claimant first had know­ledge that his in­jury was...
15/04/2021
Avi­ation claims: com­pens­a­tion pay­able for flight can­cel­la­tion due to pi­lot’s...
“The con­sumer’s right to com­pens­a­tion un­der the Reg­u­la­tion can­not de­pend on when and where the mem­ber of staff ate the sus­pect prawn sand­wich” – Coulson LJ, Lipt­on v BA City Fly­er Ltd [2021] EW­CA...
08/04/2021
Pack­age hol­i­day op­er­at­ors may be li­able for the crim­in­al acts of hotel...
The Court of Justice of the European Uni­on has handed down its much-awaited judg­ment in X v Kuoni Travel Ltd C-578/19 on the cir­cum­stances in which pack­age hol­i­day op­er­at­ors can be li­able for the ac­tions...
08/03/2021
Brokers PI: duty to pro­tect cli­ent from the risk of fu­ture dis­putes
The Com­mer­cial Court has held that a be­spoke term in a bank’s mar­ine cargo in­sur­ance covered fin­an­cial losses arising from the de­fault of cus­tom­ers, even where there was no phys­ic­al loss or dam­age to...
21/12/2020
Ag­greg­a­tion in the con­text of med­ic­al neg­li­gence con­sidered by the Com­mer­cial...
The Com­mer­cial Court has con­sidered wheth­er claims against a private hos­pit­al arising out of the med­ic­al mal­prac­tice of a con­sult­ant breast sur­geon could be ag­greg­ated as two sep­ar­ate sources or ori­gin­al...
15/12/2020
Clin­ic­al neg­li­gence: did a delay in the ar­rival of emer­gency ser­vices “cause”...
The High Court ruled that the neg­li­gent delay in the ar­rival of emer­gency am­bu­lance ser­vice made a ma­ter­i­al con­tri­bu­tion to the PTSD suffered by the claimant. The prop­er ap­proach to caus­a­tion in this...
26/11/2020
Neg­li­gence claim against NHS Trust barred by il­leg­al­ity de­fence
In a un­an­im­ous de­cision, the Su­preme Court has held that the il­leg­al­ity de­fence barred a claimant con­victed of man­slaughter from claim­ing dam­ages for losses she suffered as a res­ult of an earli­er crim­in­al...