Supreme Court Appeal – what it REALLY means!

Supreme Court Appeal – what it REALLY means!

Flaxman and Branko – FCA BI Test Case – Supreme Court Appeal – what it REALLY means!

2:00pm on Wednesday 24 February 2021

This comprehensive and interactive TWO hour masterclass will focus on the judgment of the Supreme Court following the appeal of the FCA’s ground-breaking test case at the High Court and seek to clarify what the judgment really does mean for brokers and their clients.

Whilst the appeal judgment is very clear and insurers have lost (their arguments were found to be “absurd”) but still insurers still appear to be dragging their feet despite having had the clarity they went to appeal for.

This case ought to be momentous and will set clear precedent as to the clarity of wordings and what needs to happen to ensure future cover (or lack of) is clear and understood by all parties.

At the same time it will highlight the ongoing exposure for insurance brokers all of whom will have arranged these covers for clients and encourage them to robustly reassess their advice process under ICOBS and their overriding professional duty to clients.  Have you understood what is really needed of you to ensure you are not targeted by ambulance chasers?

Roger Flaxman has been in the market for 50 years and is a mediator and an expert witness and has been involved in thousands of cases resolving coverage and advice disputes.   Branko Bjelobaba is the trusted voice for all matters on FCA and has trained over 7,000 CII members since the first lockdown.  Together they will provide you with insight and clarity.

Learning objectives – by the end of this masterclass you will gain insights into:

  • The Supreme Court judgment – Causation, Disease and Prevention of access clauses, Trends clauses, Pre-trigger losses and the Orient Express case (plus Declarations from the court if received in time);
  • What insurers now have to do – FCA Dear CEO Letter of 21 January 2021,
  • Is there a threat to brokers – the advice process and understanding your professional duties and discussion of what will help defend you in the event of a professional negligence claim.

It is relevant to general insurance brokers/intermediaries, their insurers, and any other market participants.  Joining instructions will be sent out shortly before the Zoom webinar begins and all participants will receive a copy of the presentation after the talk.

Speaker bio

Roger Flaxman is currently Chairman of Flaxman Partners Ltd – Insurance Claims Advocates, London EC3. The company deals exclusively in distressed and disputed insurance claims.

His career in the insurance industry started in 1969 as a broker of fire and property insurance for brokers at Lloyd’s of London. In 1974, following a solid grounding in UK, European and North American property insurance he began to specialise in casualty, professional and corporate liability – placing and claims.

From 1978 Roger focused on professional and corporate liability (D&O). By 1985 he was recognised as one of the leading specialists in that field of insurance. This led to him being engaged by professional bodies for specialist advice and services, beyond the arranging of insurance, into areas of risk management, mitigation and avoidance.

Roger continued as a specialist insurance broker and adviser until 1999 when he left insurance broking per se and set up Flaxman Partners as an independent consultancy in matters of insurance troubleshooting. This role involved him day to day in insurance market matters and people but he did not trade as an insurance broker and so placed no insurances whatsoever. Roger has continued to manage and advise on claims and insurance disputes and he is familiar with most classes of general insurance. Roger is particularly experienced in brokers’ duties and obligations to insured and Insurer.

Branko Bjelobaba FCII has worked for 33 years across the sector and latterly at PwC and GISC and has led his own consultancy practice for 17 years. He works closely with BIBA (and has published its compliance manual since 2004) and the CII and has provided many well-received (even entertaining…) training events throughout the UK. He is a recipient of the Thomson Reuters Compliance Personality of the Year Award and the London Market People Award for Legal and Compliance and as a leading commentator Branko has been covered by the insurance press on 40+ occasions and had provided 120+ CPD events reaching 7,000+ people.

Priced at £100 – book at


Roger Flaxman ACII, MAE, Chartered Insurance Practitioner

Branko Bjelobaba FCII, MIoD, Chartered Insurance Practitioner.