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Alison Green

Call 1974

"Alison Green is fantastic, very knowledgeable in her field, very thorough on the detail and incredibly good at what she does."

Chambers UK
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+44 (0)20 7822 1200
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Expertise

Alison has been an accredited mediator since 2004, having been trained by Nottingham Law School with particular emphasis on the requirements sought by ARIAS UK (the Insurance and Reinsurance Arbitration Society). She has been able to use her commercial law background and expertise in insurance and reinsurance law to assist parties in weighing up the risks of litigation and in considering viable options for settling their disputes.

She has experience of acting as a mediator and appearing before mediators in difficult insurance disputes. She has a friendly and constructive approach to mediation and seeks to support parties in their efforts to reach agreement. Her most recent mediation involved a multimillion-pound dispute between the insured and insurers regarding insurance coverage in relation to the insured’s development of antibody technology as therapies for cancer.

Alison has experience of major contractual disputes, including those involving points on international law, EU law and jurisdictional matters. She also has been instructed in cases involving restrictive practices and restraint of trade. She has developed a speciality in product liability cases, particularly those involving contaminated foods and recall of products.

Alison has extensive experience of insurance and reinsurance litigation before the courts and before arbitrators.

She has appeared for and advised major insurance and reinsurance companies, Lloyd’s underwriters, the Corporation of Lloyd’s, Equitas, insurance brokers and insureds on a variety of covers, including: aviation; marine; contractors all risks; contingency and cancellation insurance; fidelity; professional indemnity; public liability; property; product liability; directors and officers insurance; employer’s liability; bloodstock insurance; jeweller’s block coverage; permanent health and critical health insurance; and legal expenses insurance.

She has regularly been instructed to draft or re-draft policy wordings. She was instructed by Lloyd’s to provide independent expert evidence on the formation of insurance contracts at Lloyd’s for the purposes of an appeal being heard in the Court of Appeal in Sao Paulo, Brazil, arising out of Lloyd’s contingency insurance. She was a member of the Law Commission’s Advisory Panel in relation to the Law Commission’s reform of insurance contract law, which culminated in the Insurance Act 2015.

Alison has particular expertise in permanent health insurance and critical health insurance. She appeared successfully for insurers in Somer v General Accident Life Assurance Ltd, which was one of the early cases to reach the High Court on interpretation of permanent health insurance. She has been instructed by insurers, including Aviva and Swiss Re, on various permanent health insurance disputes, such as Flute v Phoenix Life Ltd where the claimant was a former director of Independent Insurance. She has also acted for claimants in disputes on such policies. She has advised Munich Re on the interpretation and redrafting of definitions and terms in its critical illness policy wording.

Alison is experienced in dealing with jurisdictional issues, particularly those involving insurance and reinsurance contracts. She has appeared in many applications regarding disputes as to which courts have jurisdiction and whether a matter should be dealt with by arbitration in England or abroad. Many of these cases concerned contested jurisdiction issues following applications for permission to serve proceedings out of the jurisdiction. One of these was the reported case of Denby v The Hellenic Mediterranean Lines Co Ltd where she appeared for the shipping company that took out insurance against cancellation of tickets and reduced income by reason of threatened hostilities of the Gulf War and disputed the High Court’s jurisdiction. She also appeared for the successful respondent in the Court of Appeal in Novus Aviation v Onur where the appellant (Onur) contested the jurisdiction of the English High Court over a dispute relating to millions of dollars due as a result of agreements being entered into for aviation wet leases.

Alison has longstanding expertise in product liability usually acting on behalf of insurers in subrogated actions or on policy coverage. In 2001 she was instructed on behalf of insurers in lengthy litigation over a fire at a factory caused by a defective food sprayer, which led to a multimillion claim against the product designers, which was eventually settled. She also appeared as Junior Counsel for insurers in the reported case of James Budgett Sugars v Norwich Union which concerned contaminated sugar and the construction of a products liability policy. She has acted for insurers in litigation involving product recalls, including that of a major pet food manufacturer which led to the substantial recall of a popular pet food product and also in litigation concerning contaminated whisky which led to the recall of a well-known whisky brand within the UK and abroad.

Alison has been instructed in a number of claims involving accountants, solicitors, stockbrokers, surveyors, engineers and financial advisers. Her particular expertise lies in claims involving insurance brokers and insurance intermediaries. For some years she was a member of Lloyd’s pro bono disciplinary proceedings panel and sat as a member of the disciplinary panel of the Bar Council.

Alison has appeared and advised in numerous cases involving breach of duties by insurance brokers, including failure to place appropriate cover, sensitive cases where brokers were negligent in placing risks for financial institutions, failure to disclose material information to insurers and failure to advise clients of important terms. She has regularly advised insurers and insureds on the coverage and interpretation of a variety of professional liability policies and has redrafted such policies.

She has also advised professional bodies and insurers on whether members’ professional liability policies comply with statutory and regulatory requirements. Alison has regularly advised The General Osteopathic Council on whether different policies provide sufficient coverage for its members’ professional liability.

She has appeared and advised in cases involving professional negligence of accountants, e.g. regarding overseas trusts, negligent valuation of shares, failure to advise on VAT and Inheritance Tax implications of transactions. She has advised on solicitors’ negligence in various areas, including property transactions, tax advice, planning and personal injuries.

Alison has experience in property damage claims, particularly fire and flood. Initial experience was gained as Junior Counsel in litigation arising out of the construction of the Kariba Dam. She has regularly acted for insurers on subrogated actions following insurance claims. In recent years she has been instructed on insurance claims arising out of major fires at a large warehouse distribution centre and at waste recycling sites.

Significant Cases

Significant Recent Cases:

Grafton UK Ltd v Royal Sun Alliance: Advising Grafton UK Limited, a company that locates lost or unknown beneficiaries, in respect of the refusal of Royal Sun Alliance to provide an indemnity under its Professional Indemnity Policy in relation to claims against Grafton arising out of the administration of a multi-million pound estate.

UK Power Networks and London Power Networks: Advising Power Networks  on the wording of their electrical contractors’ insurance.

Arrow Environmental Services Ltd v Catlin Lloyds Syndicate Advising Arrow on an insurance claim arising out of a major fire at a leading industrial waste management recycling site which destroyed and/or damaged buildings, plant and equipment. Advising insured on pursuing proceedings against Lloyd’s syndicated and against insurance brokers.

Advising RBRG Trading (UK) Ltd in relation to marine cargo insurance claims involving the loss of huge loads of coal due to be shipped from Indonesia to Europe and additional consequential losses well in excess of million pounds as a result of being unable to deliver coal to customers.

Advising German insurers (Huebener Versicherungs AG) regarding property damage and business interruption claim arising out of a restaurant being severely damaged by fire.

Advising Great Lakes Reinsurance (“GLR”) in relation to the construction of its Lenders’ Valuation Policy Wording. Tiuta PLC’s administrator claimed on policies where mortgagors had defaulted and properties had been repossessed with a market value below the qualifying valuation at inception of policies.

Advising Chevron PLC as to whether Chevron could recover from its insurers under its worldwide third party liability policy in respect of numerous class action claims arising out of deaths and personal injuries following events at its offshore oil platform in Nigeria and in villages close to oil facilities in the Niger Delta.

Dodd Group (Eastern) Ltd: Advising Dodd on recoverability under various insurance policies of substantial liquidated damages that Kier had passed to Dodd in relation to the Private Finance Initiative project for the Garrett Anderson Centre on the site of Ipswich Hospital.

National House Building Council v Devon & Cornwall Housing Association: Advising NHBC on claims made by DCHA under NHBC’s Buildmark insurance in respect of “major damage” to various properties owned by DCHA.

Pioneer Natural Resources USA Inc v Zurich American Insurance Co: Advising Zurich and 20 other insurers on making an application for an examination with depositions regarding a multi-million claim by Pioneer relating to an oil platform collapse after Hurricane Katrina.

Goldshield PLC v RSA: Acting for claimant in proceedings against directors and officers liability insurers and against brokers where there was a dispute about the limit of coverage at renewal which raised points of construction on policy and issues of negligence against brokers. Settled by mediation before trial.

Flute v Phoenix Life Ltd : Acting for defendants, subsidiary of Swiss Re, in substantial permanent health insurance claim brought by former director of Independent Insurance Co. Settled by mediation shortly before trial.

Kot Insurance Company Ltd v Oman National Insurance Company Ltd: Appearing for reinsurer seeking sums due under retrocession contract relating to huge oil field in Gulf of Mexico, jurisdiction issue, interest recoverable pursuant to Mexican law with rate determined by English law.

Parker v Harman International Industries Ltd: Appearing for defendant company in dispute concerning construction of earn out provisions in agreement for purchase of a company.

Earlier Significant Cases:

Lloyd’s Names Litigation: (early 1990s High Court) Appearing on behalf of London Market Claims Service and intervening in various Lloyd’s names’ cases before the High Court, including that of Sir Quentin Charles-Agnew; Sommerville and others v Willis Faber & Dumas Agencies Ltd and Hallam Eames and others v Merrett.

Lloyd’s and Equitas: (mid 1990s) Advising the Corporation of Lloyd’s regarding the merits of a host of matters which were going to be the subject of reinsurance into Equitas.

Lysander Ltd v Ableman Shaw and Another [1991 High Court]: Appearing on behalf of accountants who were allegedly negligent in relation to advice on offshore trust.

Impac Plc v Dorler and others [1988] Court of Appeal and High Court: Appearing for company bringing proceedings against former employees regarding their contact with former clients and their disclosure of business secrets.

GAICO v Administration of State Insurances and others [1984] High Court: Instructed  as Junior on behalf of retrocessionaires in retrocession of marine reinsurance – litigation following on from Home Insurance Co v ADAS.

Home Insurance Co v Administration of State Insurances and others [1983] High Court: Instructed as Junior on behalf of reinsurers in major reinsurance litigation regarding a North American pool and quota share reinsurance.

PMMI v Unigard and others [1978-1979] High Court: instructed as Junior on reinsurance case involving nearly all worldwide aviation companies, insurers, reinsurers and major UK and US brokers.

Significant reported cases:

Novus Aviation v Onur (2009 EWCA Civ 122): Acting for claimant in proceedings against a Turkish airline in a dispute where Novus contended that it was owed millions of dollars following renewal of a contract regarding payments due following airline entering into aviation wet lease agreements with another foreign airline. Defendant sought to set aside permission to serve out of the jurisdiction on the ground that England was not the appropriate jurisdiction. Court of Appeal dismissed defendant’s appeal.

James Budgett Sugars Ltd v Norwich Union [2003] Lloyd’s Rep.I.R.69: Acting for defendant insurers on question of construction of products liability section in a commercial insurance policy.

Bestquest Ltd v Regency Care Group and The Ecclesiastical Insurance Office PLC [2003] Lloyd’s Rep.I.R.392: Appearing for claimants on issue regarding defendants’ solicitors’ failure to note their interest on policy for material damage and business interruption where a large care home had been flooded.

Stowers v GA Bonus PLC, and Helm Brokers Ltd [2003] Lloyd’s Rep.I.R.402: Acting for defendant insurers who had avoided a commercial insurance contract for material misrepresentation and non-disclosure regarding claimant’s claims history.

Sarwar v Allam [2002] 1 WLR125: Providing submissions on behalf of legal expenses insurers for consideration by the Court of Appeal.

Lonrho Exports Ltd v Export Credits Guarantee Department [1996] 2 Lloyd’s Rep 649: Acting for claimant company against ECGD who had acted as agent to recover uninsured losses as well as insured losses from Zambian Government. Case concerned insurance, subrogation, holding insurance recoveries on trust, and State immunity.

Somer v General Accident Life Assurance Ltd [1996 High Court]: Acting for insurers on permanent health insurance policy interpretation.

Denby v The Hellenic Mediterranean Lines Co Ltd [1994] 1 Lloyd’s Rep 320: Acting for shipping company which took out insurance against cancellation of tickets and reduced income by reason of threatened hostilities of first Gulf War. Case concerned Lloyd’s marine form and jurisdiction.

Barber v Lloyd’s Underwriters [1987] QB 103: Appearing for Lloyd’s underwriters requested to give depositions by video tape. Case concerned obtaining evidence by videotape from insurers for US courts and procedure.

Privacy Policy

Alison Green Privacy Policy

My contact details:

ICO Reg No: Z6768860
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Alison
+44 (0)20 7822 1200
vCard
Download CV
Save profile
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"...a true expert in the field of English insurance law."

Chambers UK

"...has a thorough knowledge of her fields of expertise and is a first-rate communicator."

Legal 500

"Highly recommended for insurance contract law."

Legal 500

"Respected...with a firm command of insurance and reinsurance law."

Chambers UK

  • High Court appointed Examiner (part-time) for evidence by deposition (2018)
  • Judge (part-time) of The Upper Tribunal (Administrative Appeals Chamber) hearing appeals from a variety of first-tier tribunals (2009)
  • Member of the Law Commissions’ Advisory Panel on review of Insurance Contract Law (2006)
  • Chair of the BILA Charitable Trust (2005)
  • Vice Chairman of the Bar Law Reform Committee (2005)
  • Member of the Disciplinary Panel of the Bar Council (2000-2005)
  • Vice President of the British Insurance Law Association (BILA) (1999)
  • Chair of the British Insurance Law Association (BILA) (1994-1996)
  • Vice Chair of the British Insurance Law Association (BILA) (1992-1994)

  • Robert Garraway Rice Pupillage Award, Middle Temple
  • Belgium Government Scholarship

  • LLM, University College, London
  • LLB, University College, London

  • French (fluent)
  • German (fluent)

  • BILA
  • COMBAR
  • LCLCBA
  • Western Circuit

  • Consumer Insurance Law: Disclosure, Representations and Basis of the Contract Clauses, co-contributor, published by Bloomsbury (2013)
  • Insurance Contract Law, by Professor Merkin, (now Colinvaux & Merkin on Insurance Contract Law) joint editorial adviser with John Butler
  • Insurance Law: An Introduction, co-contributor, published by Informa (2007)
  • Terms of Insurance Agreements Module, published by Informa (2004)
  • Construction and Engineering Law Journal, Editorial Board (1996-2004)
  • UK News Correspondent for International Insurance Law Review (1995-1998)
  • Written articles for International Insurance Law Review, The International Journal of Insurance Law, British Insurance Law Association Journal, Insurance Day and European Law Review.

“She is very experienced in insurance and reinsurance disputes.”
Legal 500 2020

“She has a huge knowledge of insurance.”
Chambers UK 2019

“Alison Green is fantastic, very knowledgeable in her field, very thorough on the detail and incredibly good at what she does.”
Chambers UK 2018

“She is a true expert in the field of English insurance law. I would doubt there is anyone who knows it as well.”; “Respected senior junior with a firm command of insurance and reinsurance law. She gives expert advice to both insurers and insureds on the wording and interpretation of policies and also regularly deals with claims arising as a consequence of fire damage”; “She is incredibly user-friendly.”
Chambers UK 2017

“Extremely detail-oriented.”
Legal 500 2017

“Her knowledge of insurance law is second to none and her manner with clients is impeccable.”
Chambers UK 2016

“Responsive and incisive.”
Legal 500 2016

“Her highly focused insurance and reinsurance practice covers the full range of matters in the sector. She is frequently instructed in ADR cases and is an expert at dealing with matters that involve both property damage and insurance issues. She is good at analysis and gives clear advice.”
Chambers UK 2015

“She has a thorough knowledge of her fields of expertise and is a first-rate communicator”
Legal 500 2015

“Good at analysis and gives clear advice”
Chambers UK 2014

“Highly recommended for insurance contract law”
Legal 500 2014

“A well known figure in the insurance market”; ”well abreast of all new developments in UK insurance law”
Chambers UK 2013

The “user-friendly and attentive” Alison Green wins praise for her “thoroughness, great knowledge and reliable advice”. She is renowned for her good track record in handling international insurance and reinsurance matters.
Chambers UK 2012

Alison Green is “steeped in insurance law” and respected for her “patient, persuasive approach”. Her recent work highlights include acting for the Swiss aviation leasing company Novus in a multi-million pound Court of Appeal case against a Turkish airline.
Chambers UK 2011

Alison Green is an eminent authority in the insurance community, whose recent case highlights have included handling complex issues of French insurance law relating to a significant product contamination case.
Chambers UK 2010

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