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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 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 Mar 17
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 Sep 17
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 Aug 16
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 Jan 18
Ten things every in­surer should know
03 Mar 20
Jur­is­dic­tion: High Court provides guid­ance on the ap­plic­a­tion of Re­cast...
The High Court re­cently con­sidered the jur­is­dic­tion­al chal­lenges brought by De­fend­ants to a per­son­al in­jur­ies claim on wheth­er a Claimant could bring a claim in his own dom­i­cile rather than in the coun­try...
06/02/2016
CMS launches Glob­al Product Li­ab­il­ity team in Lifes­ci­ences
13 Feb 20
Clin­ic­al neg­li­gence: court finds no duty of care owed to third party...
In Bot v Barnick, sep­ar­ate claims by Ms Bot and her part­ner Mr White­head against two med­ic­al pro­fes­sion­als were sub­ject to suc­cess­ful strike out ap­plic­a­tions. The de­cision to strike out each of the claims...
27/05/2016
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Spring 2016)
06 Feb 20
Air Traffic Man­age­ment and Un­manned Air­craft Bill in­tro­duced to Par­lia­ment
The Air Traffic Man­age­ment and Un­manned Air­craft Bill was in­tro­duced to Par­lia­ment on 9 Janu­ary 2020 and had its second read­ing on 27 Janu­ary 2020. If passed in its cur­rent form, the Bill will in­tro­duce...
17/07/2014
Risk Mat­ters: In­sur­ance Sec­tor news­let­ter Sum­mer 2014
High­light­ing top­ic­al is­sues for in­sur­ance sec­tor par­ti­cipants
28 Jan 20
Avi­ation claims: Po­ten­tial chal­lenge to concept of ac­ci­dent in the...
A re­cent Court of Justice of the European Uni­on (CJEU) de­cision in Decem­ber 2019 may give scope to chal­lenge the defin­i­tion and concept of the term “ac­ci­dent” with­in Chapter III - Art­icle 17 (1) of...
20 Jan 20
Med­ic­al neg­li­gence and antenat­al care: test for breach of duty and...
A re­cent High Court de­cision provides guid­ance on the threshold that needs to be met with re­spect to is­sues of breach and caus­a­tion in a med­ic­al neg­li­gence con­text. Facts The claimant, aged eight-and-a-half,...
16 Jan 20
Con­sumer in­sur­ance: mis­rep­res­ent­a­tion and avoid­ance
An early de­cision un­der the Con­sumer In­sur­ance (Dis­clos­ure and Rep­res­ent­a­tions) Act 2012 (CIDRA), where the judg­ment has re­cently be­come avail­able, con­sidered the pre­sump­tion un­der sec­tion 5 that, where...
06 Dec 19
Med­ic­al neg­li­gence and prox­im­ity
A claim by daugh­ters who wit­nessed their fath­er, Mr. Paul’s, death as a res­ult of a heart at­tack seek­ing dam­ages for psy­chi­at­ric in­jury, has been struck out. It was held that there was a lack of prox­im­ity...
08 Nov 19
Su­preme Court cla­ri­fies the po­s­i­tion on non-party costs or­ders in...
In a de­cision arising out of claims re­lat­ing to de­fect­ive sil­ic­one breast im­plants, the Su­preme Court has provided guid­ance on in­surers’ po­ten­tial li­ab­il­ity for third-party costs or­ders. Back­ground...