BILA History
Foreward
A group of insurance law academics were meeting regularly in Strasbourg in the late 1950's. Ehrenzweig (US), Portes Gil (Mexico), Wets (Belgium), Garrigues (Spain) and especially Donati (Italy), Moller (Germany) and Hellner (Sweden).
Browne (Queen Victoria Professor Law at Liverpool as well as editor of Macgillivray) planned a two day colloquium at a University hostel in the wilds of Knotty Ash in about 1962. He contacted Hugh Cockerell for a broker's speaker. My telephone rang in Hogg Robinson's Liverpool office. "They need a broker who can read and write and comes cheap". Dr. Kenneth Simmonds was Browne's assistant and Donati, Moller and Hellner all speakers were quietly abandoned by Dennis Browne (a lovely but unworldly man who died - not out - on the cricket pitch), both afternoons of the colloquium at 4.30. They were left to explore the wilds of Knotty Ash with me as a substitute mentor and chauffeur.
Six months on and Browne can't keep his end up with bottomless European purses, so Teddy Hogg let me have 600 quid to fly the Union Flag and give a dinner party to all the above-named at the Crocodile. Strasbourg of course. Kenneth Simmonds gets to be director of the British Institute of International and Comparative Law. He puts on a programme of insurance law as Ron so well describes. Hugh Cockerell and I leave Chancery Lane in a taxi (it's pouring). On the way back "What about an Institution of Insurance Law" says Shaw. "Lawyers especially barristers aren't joiners" says Hugh. "And I don't like the title". So BILA was born in the back of a taxi along the Victoria Embankment. To think that the BIA really pressurised in the early years to change BILA (too like BIA) to UKILA. Nothing doing. They had to change to ABI. GORDON SHAW PhD Life Vice-President of B.I.L.A.
By Ronald Sims
When this article had been completed, with its many imperfections, there were some questions which could only he answered by two persons who knew or could verify how BILA was conceived.
The text is my own and, as one usually says in these circumstances, any views expressed are mine, but it reflects comments made by Professor Hugh Cockerell and Gordon Shaw which caused my own recollections to he modified; I was not there at the beginning. My file (which became the Association's first Hon Treasurer's file) opened with a circular I received from the Chartered Insurance Institute. A lengthy memorandum I made as "an observer" at a one-day Symposium held jointly by the CII and the British Institute of International and Comparative Law at the Law Society held on 13th November 1963 was uncovered. This is reflected in my paper, though the fact that I recorded it in so much detail at the time - and "handed it on to my successors" suggests that it was no ordinary occasion. Until it became necessary to search for some facts, I had never expected to see the file again. It enabled me to turn anecdote into historical record which is more in keeping with the nature of BILA's role of monitoring actual events.
Professor Cockerell confirmed and allowed me to say that the founding of BILA was a joint effort of Gordon Shaw and himself. I feel sure that none of their contemporaries could deny the unique blend of purpose, drive, skill and use of opportunities their service has provided over the past thirty five years. They wished me to acknowledge all those whose support they had from home and overseas which the text acknowledges. Sadly, Hugh Cockerell died just after my work had been completed.
PREAMBLE
Last September on the occasion of a luncheon held in honour of Professor Hugh Cockerell at the Insurance Hall to mark the 50th Anniversary of his appointment as Secretary of the Chartered Insurance Institute, one of his closest friends, his co.-founder of BILA, and one of my own longest known colleagues in both Insurance and, of course, BILA itself, Gordon Shaw, asked me if I would write a few lines on its early history.
My first attempt was submitted to them both. Memories tend to fade with time and files pass from hand to hand until what is in them loses the spirit of the events. It was clear that after well over thirty years, the primary motivators and a few of those then minded to support their objectives, and still now available to report on or memorise the events, could only do so with contemporaneous material and a very considerable incentive to do it - the honour to be selected by them both!
During my own period as Hon Secretary, in November 1979, the Italian Chapter of AIDA wrote to the International President suggesting that each Chapter might then set down the values of the first twenty years of AIDA's life - itself founded in Luxembourg in 1960. Reports from each Chapter were envisaged but, so far as the UK was concerned, writing histories of events has never been a strong facet of commercial value. No response could be made simply because busy practitioners, those dominant in the work of BILA, did not have the time or the inclination. It must be said that past history is rather academic and those whose time is given to it clearly have nothing more useful to do.
Hugh Cockerell himself wrote to Gordon Shaw on 6th December 1979 on this subject for he knew that Professor Fredericq, the AIDA President at the time was involved in the request. I was approached by Gordon who had even prepared what he would acknowledge to be an inadequate attempt to do justice to those in the UK who had a worthwhile record to report. Even then it seemed impossible to acknowledge those who had kicked it off the ground, spent considerable lime and skill in getting the most highly qualified and specialist "players" to perform, in the cause of international co-operation and, above all, giving their time and energy freely; without, somehow, not acknowledging others whose devotion would not be reflected.
Many friends of BILA, old and new, are undoubtedly interested in how it began and the incentive for this account is no different from that which owes its beginning to the extraordinary example of the two co-founders, Hugh Cockerell and Gordon Shaw. It is timely and, I hope, worth the telling of a story which is continuing and which attracts, for the best of good reasons, so influential a following today.
With some preliminary script to provide the flavour of events there follows, for those interested, some details of those with whom I worked in or outside Committees, or who influenced BILA in its first ten years. There were and still are two main aspects of BILA's work; the national programme of events, meetings, papers and committees considering current insurance and related legal developments and the international participation of either organising, participating in or being represented at events held by other Chapters of AIDA. In the early 1960's the emergence of international study groups was new to the concept of studies forming the basis of any examinations of the Chartered Insurance Institute - it was not part of the curriculum of any examinations for Associateship or even Fellowship of the Institute.
With world congresses, despite London's position (always until then recognised as the "free market" for international insurance capacity and promptness of response) any pretence to speak other languages than our own was reflected only by a few candidates taking examinations, largely concentrating on commercial terms, in some continental languages - and few if any of the successful candidates held Associateship or Fellowship status!
Fortunately, although it shames me to say it, we had to attend international functions using simultaneous multi-lingual translation facilities when continental friends were seeking our participation.
Any attempt to reflect the past, and particularly, the early years of BILA must not only recognise the participation of those whose names appear in the script or the record but also the contribution of Reporters. The international study groups themselves did not always get UK representation of the calibre, experience or even linguistic skills. A few of the Reporters are named as later Chairmen (Michael Cohen and Pat Saxton) or, in the case of Sir Maurice Bathurst, even as President, but others whose contribution could have effectively magnified or negated the UK response deserve recognition for their enthusiasm and skill - to name, for example, Andrew McCrindell (my successor as Hon Treasurer) and David Sasserath, whose contribution has extended until the present day.
The Scottish Branch, which held regular meetings during and after my period as Hon Secretary (I attended a Branch Meeting with over 40 members present in Edinburgh in September 1979 when it was addressed by James Stewart, Esq., W.S.) had a very influential following; sadly it seems it did not survive the retirement of Kevin Doyle who was its Branch Chairman. There is no doubt that it was very influential in its time.
As this attempt is essentially about the early years and is intended to be archival rather than active it leaves open to the reader to speculate, as we did in the early years, which motives to pursue in the future. An addendum to the minutes of the committee held on 1st March 1978 reflect that "due to a serious fire at the Secretary's office premises on 4th March the entire space had been vacated and telephone service suspended. BILA records had not been affected to any noticeable extent". I must acknowledge the very real help and friendship of my colleagues at the time to enable me to continue in office and maintain my commitments during the remainder of that year (the claims for damage exceeded £I.5m and caused the relocation of my Company). Not least among them were Hugh Cockerell, Gordon Shaw and Pat Saxton.
The narrative is intended to be factual but hopefully not boring. If it does nothing more than reflect on past events it can do no harm to the present and the future. So far as 1 know there is no similar account of these events and, for that reason alone, anyone may be and is invited to improve or comment.
The international atmosphere was the greater part of my personal working experience and I make no apology for expressing hopes for future international friendship.
Personal Recollections and Memories
Some years ago the telephone rang. "We're holding a Meeting this evening, Ron, and we'd like you to be there. It's at the Niblett Hall, Temple, and we're starting a new Association for the study of Insurance Law. I've already had some promises of support and I want yours!"
The caller had been known to me since 1954, first as a Tutor in English Law for the Associateship Exams of the Chartered Insurance Institute, and then as a wise Counsellor and friend. He was calling in a few well-earned favours. This was an offer I knew I could not refuse, nor did I want to. If anything, I wanted to know who else was going to he there and, knowing him, what they were going to do.
As time passes fewer people remember, and those who do may have fond recollections but hazy details and eventually someone will say "When did it start and why'. This account then may not he completely accurate and may lack some essential details, but it is an attempt to remember the early days and those engaged in its foundation.
Some well-known faces were in Hall when I entered. The date was 25th February 1964. The gathering was called to order and seated; Gordon Shaw went to the Platform, naturally taking the Chair, and announced that some very senior academics and heads of continental Universities had already formed and were making great advances in the study of insurance law on a world wide basis. The Association Internationale du Droit d'L'Assurances (A.I.D.A.) was forging ahead - a world congress had taken place in Rome in 1962 and London, indeed the UK, had been unofficially represented; why were we not at the helm? He introduced (for those like me who did not know him) Professor Denis Browne of Liverpool University, probably our best Academic in the field at that time, supported by Hugh Cockerell, then Secretary of the Chartered Insurance Institute, and Maurice (later Sir Maurice) Bathurst, who was Vice Chairman of the British Institute of International and Comparative Law. Most of those known to me were acknowledged leaders in the expertise of particular branches of Insurance Law; in the field to which I later specialised and spent over 20 years of my career namely Aerospace, Harold Capian was among the many distinguished and specifically practical trained and qualified lawyers gracing that inaugural meeting.
Denis Browne became the first President. It was evident that he knew and was known by the intellectuals on the continent who were not only Professors in Law but were also, or many of them, heads of important insurance or reinsurance companies. Even then. at that time, the Continent was home to the power of international reinsurance; the Swiss Re and Munich Re were so much more influential than our own largest professional reinsurer, the Mercantile & General, (which I joined as a junior clerk in the Fire Reinsurance Department in 1951, when it was effectively a rather small "subsidiary" in all but name of the Swiss Re). You will see later that M & G, however, through its Legal Officers has played a prominent part, so I stress only the difference between relative sizes.
Hugh Cockerell was a Vice President and his Deputy at the CII, Donald McMurdie, himself a Barrister (like Hugh), was the Association's first appointed Honorary Secretary, though tribute must be paid to Victor Sawle who did much valuable preparatory work before and later with Donald. Let me please emphasize this, none expected payment for what they were about to undertake - which is just as well because this, if it was anything at all, was akin to a "working holiday" trip.
Gordon was performing, in this glitterati, with panache, so much as we have all since seen as his particular style. The committee names for the work ahead were put forward, being voted and noted in professional secretarial style by Donald McMurdie, and the existence of BILA began very firmly in the spirit of the Great Lord Mansfield - "Good faith forbids either party by concealing what he privately knows to draw another into a bargain from his ignorance of the fact and his believing the contrary"; 200 years of the Law Merchant in England was good enough to form the basis of trust and future legal learning to ensure that BILA would have an effective and promising start. The show was on the road, very neatly, rather masterly arranged, and well to the satisfaction of all present. A very promising beginning. Well almost. A Treasurer, Honorary of course, was needed.
This function, said the Chairman, must fall to someone who could be relied on not to fall asleep on the job and who would take a special interest in the needs of the members. Casting his eye around and causing it to rest on one of the seats closest to the exit, he announced with little fear of contradiction, (for he was calling in the second of the favours due to him), that his long time friend had agreed to fill the role. It seems that without any suitable accounting qualifications the Committee had been formed. Dr Edgar Jenkins, a founder Committee member and exceptionally capable of doing so, promised to draft the first Constitution & Rules.
The meeting was addressed by the President and was presented with its first learned paper, which set the style of meetings to follow, on fire insurance law - "The Contractual Liabilities of Landlord & Tenant" by the newly appointed Chairman himself, Gordon W. Shaw. (The names of those appointed to serve pending the 1st Annual General Meeting held in December 1964 can be seen in an Appendix).
Over thirty years have passed and significantly both the Chairman of the Inaugural Meeting and the Vice Chairman that day, later Professor Hugh Cockerell, have been and still are pursuing the role of enthusiasts in insurance law, practice and education. They are known to you now, better even than then, but they were and are leaders whose talents have had a significant effect on progress through AIDA World Congresses held after the 1st in Rome 1962; 2nd Hamburg 1966, 3rd Paris 1970, 4th Lausanne 1974, 5th Madrid 1978, 6th London 1982, 7th Budapest 1986, 5th Copenhagen 1990 and 9th Sydney in 1994. They have each produced works of considerable value in the field of insurance law & practice - including joint authorship, [e.g. Cockerell & Shaw on Insurance Broking and Agency - Witherby 1st Edit (1979)]
After the issue of the first Bulletin, in the capable hands of the Hon. Secretary Donald McMurdie (who was Principal of the College of Insurance at Surbiton at the time and whose services in those first energetic and satisfying times were scholarly and thorough in every way), the Committee invited the International President to London. In September 1964 a general meeting was held, Dr C.E. Golding, the first holder of the Gold Medal of the Chartered Insurance Institute, (Hugh Cockerell himself received the Gold Medal in 1987) was elected as Deputy President, and Professor Jan Hellner of Stockholm addressed BILA on "The role of an International Insurance Law Association". His paper delivered in September 1964 was circulated to Members and published as part of the inspiration for progress. At the same meeting, and for good measure, Professor Denis Browne President, our leading academic insurance lawyer and editor of MacGillivray on Insurance Law, also gave an address "A General Review of Liability Insurance".
The 1st Annual General Meeting was held in December 1964. Once the preparatory work had been settled following formation, two of the valuable founding Committee Members, Messrs Cheatle and West, found themselves unable to continue but were soon replaced by Professor G.S.A.(Ashe) Wheateroft.
In May 1965, the President died suddenly and unexpectedly but as he might have wished, actively pursuing his other passion - cricket. He had been Queen Victoria Professor of Law at Liverpool University since 1955 and his unexpected death was a considerable loss to the International Insurance Law Community.
Although the BILA Presidency fell vacant for a time, the Chairmanship had passed at the 2nd AGM to Hugh Cockerell,(September 1965),the US Chapter of AIDA had been formed and the AGM was graced with the presence of Professors Hans Moller, and Reimer Schmidt (Germany) and Spencer Kirnball (USA), whilst Lord Chorley of Kendal,,of the London School of Economics, Editor of Arnould on the Law of Marine Insurance & Average, joined the Committee.
There were no changes in Officers or Committee at the 3rd AGM in 1966, at the end of which a Paper was presented by Dr Marcel Grossmann (Zurich) on "The Freedom of Services in the Field of Insurance as treated by the OECD and the Common Market". This was published in the 9th Bulletin; by this time Bulletins were being published quarterly due to the great efforts of Donald McMurdie and his colleagues. Professor L.C.B. (Jim) Gower presented a paper on the Work of the Law Commission and Professor Hardy Ivamy (later to join the Committee) a leading author, particularly in the field of Marine Insurance Law, presented a paper on "Recent Developments in Motor Insurance" a field of expertise where he was also highly regarded.
Supporting Hugh Cockerell as Vice Chairman was Rex Wyeth, a Member of the Law Society and, besides having a fascinating personality and wit, brought compelling vigour to the committee's and Association's aims and values in the lead-up to the 2nd World Congress in Hamburg. The Committee worked on through the 3rd AGM and the World Congress period without changes, but with significant contributions to the changes taking place in the European and world insurance debates. To appreciate the increasing scale of interest between then and later, the Hamburg Congress in 1966 had 400 Delegates - in Madrid in 1978 this had quadrupled to over 1600.
For the 5th AGM in September 1968, held at the Law Society, Chancery Lane, Dr C.E. Golding succeeded as President and Rex Wyeth took over the Chair, with Donald McMurdie as Vice Chairman. Professor Spencer L. Kimball (Chairman of US Chapter of AIDA) presented a stimulating paper "Organisation of new Insurance Companies - "What should a Supervisory Authority Require?" D.J. Walker, a leading Solicitor and a specialist in the field of sexual discrimination in employment, later to become BILA Chairman and one of the first Employment Tribunal Chairmen appointed in that field (August 1977), joined the Committee and became a loyal and very hard-working supporter. One of our Journals lists a Paper he delivered with a somewhat abbreviated Title, namely "The Sex Act". After several years of dual role in Committee and as Honorary Treasurer, the time had come when my career demands made it impossible to continue a task which to be properly carried out was a considerable role of husbandry. Collecting Membership Subs and recording new and lapse memberships can be quite time consuming and many members lived overseas including South Africa, Australia and India as well, of course, as the USA, Canada and Europe. I handed over to Mr Michael L. Chelk for I was deeply embroiled in the new and fast developing world of specialist aviation insurance. The address following the AGM was at my instigation (I am asked to state) by the Recorder of Oxford (later Lord Justice) E.W. Eveleigh, Q.C. on the subject of Criminal Law and Criminal Justice. I had reason to remember him in action four years earlier in a test case on policy liability in the High Court, remembering his scholarship and skill in the sphere of accident claims. Two significant contributions were made during 1968 on Tax and Estate Duty subjects arising from the 1968 Finance Act by Mark Weinberg (now better known in the Field of Regulation of such matters, and more recently knighted).
The years from 1969 - 1977, when I became more committee active again, covered a period of quite intensive career activity and direct involvement was limited to keeping in touch but not being very actively involved. In 1969 four things happened. Neil Armstrong set foot on the Moon and, with his team, safely came back to Earth; I was informed by my peers that I could make a change of career and my interpretation of the opportunity was that it would take me into territory where no man had trod before - at least I could make of it what I wanted to, or something like that. The Boeing 747 known better as the Jumbo Jet entered airline service, and the governments of the United Kingdom and France jointly decided to certify a supersonic airliner, Concorde, for passenger service - which didn't impress the Citizens of new York - they weren't minded to allow it to land at their airport! [Even these days, when Concorde rattles my cage as it takes off for New York, when I am under its flight path, I wistfully remember how, in its early career, it was obliged to land at Washington (a Federal US Airport), until some 18 months later it was Finally able to land where it does now!].
It seemed that, left with probably the best library of aviation legal literature/magazines and books then available in London, and a student force wanting knowledge of the growing market for aerospace insurance products, I could do a lot worse than find out the sequence of developments in International terms that leapt from the Montgolfier Balloons over Paris in 1783, which caused the Citizens of Paris to legislate to allow people to overfly others airspace, to Space Treaties allowing the pursuit of exploration of space - at least in the sphere of peaceful development.
Suddenly Jumbo Jets were being blown up by Terrorists at Dawson's Field in the Middle East; angry protesters were venting their spleen at noise pollution, particularly in California; missiles of a friendly kind were "exploring" to the limits of their capacity and computers were, at best, no more than the equivalent of today's 386SX. Every day something new and, unless you are totally unsmitten by novelty and excitement, either dangerous or challenging came forward to stretch the financial limitations in a high-tech world. Students actually came to the CII College at Sevenoaks from across "the seven seas", or should I say in modern ideology "with the freedom of the skies", to get their introduction not merely to English law & insurance practice, but to the demanding need to become familiar with the developments of modem insurance as it happened.
But now to return to BILA - or rather my second Committee involvement with it. Andrew McCrindell (Hon Treasurer) got in touch. I had known him a long time and he was very unwell. He could no longer cope with the accounts of an expanding membership. I found myself soon back in Committee as Hon. Treasurer, March 1977, though as an interim measure. Somehow, it was thought that I might try my hand at being Hon. Secretary for a time; after all I was Assistant Secretary at "British Aviation" and it was hinted that somehow this might further my prestige. Fortunately, Dr. Michael Müller-Stüler soon came to my aid with membership and took over, formally becoming Hon Treasurer, when I was elected Hon. Secretary at the 1977 AGM. My friends in the insurance legal world were quite persuasive, and it was leading up to the Vth World Congress of AIDA to be held at Madrid in October 1978; it needed much persuasion of my colleagues within a small but highly specialised company, one which received the Queen's Award for Industry in 1973, that I really could undertake both tasks and do either of them properly! But forward it was; in September 1978, as Hon Secretary, I visited the Scottish Branch for a memorable meeting arranged to review the Royal Commission Report on Civil Liability and Compensation for Personal Injury known as the Pearson Commission Report, when it was addressed by one of the Commission Members, James Stewart, W.S.; (one of our Past Presidents, (later Sir) Denis Marshall) had addressed a meeting of our London members on the same subject on 25th January, earlier in the year).
Incidentally this feature has been one of the remarkable features of BILA's role; it is one example only of the many occasions through the years where members of a Royal Commission have involved our membership with their contemporary thoughts and then given us, through the Bulletin (this one was published in February 1979 No 43), a resume of their impressions, and "allowed questions".
[In May 1979, however, a new Conservative administration came in and the findings of the report began to settle dust. Even so, much valuable time and effort had been expended and one can only speculate on the success of alternative costings in the field of national insurance and social security.] Also very memorable of that occasion was a visit to Edinburgh Castle for the Tattoo and a most enjoyable Musical Evening in the famous Usher Hall. Soon after I left for Madrid for the World Congress with my wife and members of our Delegation of distinguished participants.
BILA was, to those who didn't know, a sort of "ginger group". Colleagues frequently made observations akin to disparaging remarks about "Greenham Common" or stopping grouse shoots. A cynical attitude by many colleagues at the lime was, "It won't change things and you're wasting your time if you try", so it tended to keep the membership numbers low and the quality of the membership high. Genuine interest and community of understanding were the essential ingredients to working of the Treaty of Rome - we once called it the "Common Market". If we are considering development of legal spice rather than political ginger, BILA exists, and has done from its inception, to consider scientific development and interactive processes of the law, and to examine changes in the field of economic jurisprudence. As Dean Roscoe Pound (USA) once said…."The claim or want or demand of society that the goods of existence should not be wasted, that where all human wants may not be satisfied, in view of infinite individual desires and limited natural means of satisfying them, the latter be made to go as far as possible, and to that end acts or courses of conduct which tend needlessly to impair these goods shall be restrained." If that is a reasonable point at which to engage in re-appraisal of the function of insurance in society as we know it today, the studies which the founder members began were more than a European Drive - they were International, and still make sense, and can give new impetus to composite learning by insurers, academies and practising lawyers. It also seems pertinent to ask why such interest should not extend to public administrators in the form of national Insurance and public health, each of which stand square with the needs of those who for individual or commercial interests are affected and influenced by financial security.
As I recall the early days of BILA and the fraternity of professionals who came here to flavour what was then at least the centre of world insurance, from and with whom we worked in AIDA, the spirit of the founder members on that first night and the generality of comradeship and friendship with and for freedoms of trade with security; insurance across frontiers and development of space in all its meanings evidenced by the 1978 World Congress, the ingredient was not ginger but spice.
BILA's future may be changing, but the World is how it is and not how we would like it to be; BILA is there potentially to meet the challenges, past, present and future.
My last attendance at a committee meeting was in August 1983, though I continued to be interested in its activities. The committee had felt, as I did, that almost automatic re-elections even to those whose connection spanned a long period was undesirable. Close contact over a span of about twenty years is a little unusual but it demonstrates if nothing else does the ties of affinity we enjoyed.
Clearly with a membership running to hundreds and the fact that later involvement is fresher in the minds of members today may cause a little resentment if important contributions are missing. Soon after I started writing the problem of what to include and what to exclude gave rise to the probable reason why, so far, no-one else has done it. BILA is what members make it and so many members contributed during events whose participation gave strength to what was being done. This article can do no more that provide an outline of the Early Years.
Appended to this is a "flashback" of the first twenty years; not as complete as some might like, but written before memories (and available documents) become too obscure to record. I hope this may stimulate discussion and may cause others to see value and merit in study of the fundamentals of "law merchant" realities in our time, and reflect on where we are now going.
BILA'S EARLY HISTORY - THE FIRST TEN YEARS
ASSOCIATION INTERNATIONALE DE DROIT DES ASSURANCES (A.I.D.A) [1ST WORLD CONGRESS ROME 1962] SEQUENCE OF OFFICERS/EVENTS OF BILA FROM INCEPTION The first Ten Years
On 12th November 1963 The British Institute of International & Comparative Law jointly with the Chartered Insurance Institute held a Symposium at the Law Society Chancery Lane, London, W.C.2 on "Insurance Law and The Common Market". At the end of the one-day seminar the decision was made to form BILA as the UK Chapter of AIDA. The Record of the Preliminary Meeting of The British Insurance Law Association (Secretary pro-term was Mr V.J. Sawle) opened with the proposal of Mr. H.A.L. Cockerell that Mr Gordon Shaw be proposed as Chairman; he was seconded to the Chair by general consent. He immediately invited Dr Denis Browne, Dean of the Faculty of Law at the University of Liverpool and Hugh Cockerell, Secretary of the Chartered Insurance Instititute to join him at the Rostrun. A Steering Committee was elected to prepare a Draft Constitution after the aims and objects of the proposed association had been laid before those present numbering 75-100 persons.
UK Chapter was formed on 25th February 1964 and its' Inaugural Meeting was held in the Niblett Hall, Inner Temple, London. [Post Magazine & Insurance Monitor, March12th 1964]
The following Officers and Committee were appointed: President :Prof Denis Browne, Queen Victoria Professor of Law, Liverpool University, (apptd 1955),(a founder Member of AIDA). Chairman : Gordon W Shaw, LL.B., F.C.I.I., Vice Chairman : H A L Cockerell, B.A., F.C.I.I. Hon Secretary/Hon Scientific Secretary : D C McMurdie, LL.B., F.C.I.I. Hon Treasurer : R A Sims, LL.B., F.C.I.I. Steering Committee : R W Boss, D.M. Cheade, D J B Gatenby, Dr E. Jerkins, VJ Sawle, CD West, R Wyeth
The President expressed his concern shared by the Chairman and Vice-Chairman that the UK should be represented at the next AIDA World Congress scheduled to be held in Hamburg in 1966. He reported briefly on developments in Europe in which he had taken part. As President he would be a Member of the Council of AIDA. The Meeting was also addressed by the Chairman G.W.Shaw, on "The Contractual Liabilities of Landlord & Tenant", subsequently circulated to members.
May 1964 The Secretary of The British Insurance Association writes to the Vice Chairman with good wishes for the future of the Association;
Hugh Cockerell congratulated on his award of O.B.E. in the Birthday Honours List.
Sept 1964 Prof Jan Hellner, Stockholm (AIDA) addressed the Association on "The role of an International Insurance Law Association"
The President Professor Browne presented a Paper "A General Review of Liability Insurance" K.S. Cannar, B.Sc., F.C.I.I. and A.R. Glen, F.C.I.I. formally appointed auditors.
1ST ANNUAL GENERAL MEETING DEC 1964
Apart from Messrs Cheatle and West, who did not stand for re-election but whose services had been greatly valued, the Officers and Committee were re-elected. In May 1965 Prof GSA Wheatcroft replaced H C D West on committee. Professor Sacerdoti from Trieste represented AIDA and brought its good wishes.
18th January 1965 Professor LCB Gower, Member of newly established Law Commission addressed the Association on its terms of reference and the likely effects on insurance. (Bulletin 6).
23rd March 1965 Members approve formal application for affiliation to AIDA Address by Mr C.G. Myers, MA., LL.B., F.I.A., F.F.A., Dep Actuary Yorkshire Ins Co Ltd. "The place of third parties in a contract of life assurance".
8th May 1965 Professor Denis Browne, President, died. His Obituary Notice in Bulletin gave testimony to his unique contribution to the Association and his Editorship of the Magnum Opus of MacGillivray on Insurance Law of which he was responsible for the entire 2nd Edition, having been closely involved on the original. [His place on the Council of AIDA was to be taken by Mr Gordon Shaw but the Office of President fell temporarily vacant]
2ND ANNUAL GENERAL MEETING SEP 1965
Presidency vacant. Chairman H A L Cockerell, OBE. Vice Chairman Rex Wyeth, Solicitor, [Council Member, The Law Society] Other Officers and Committee re-elected + Lord Chorley of Kendal of the LSE [The US Chapter of AIDA had been formed during the previous year and Professor Spencer Kimball attended. Professors Hans Moller and Reimer Schmidt also represented their countries.]
September 1966 G.W. Shaw formally replaced Professor Denis Browne on Council of AIDA. June 1966 Law Commission Report on Tort and Insurance; Winn Committee Report on Personal Injury.
[2ND AIDA WORLD CONGRESS HELD IN HAMBURG] 28 Jul-2 Aug 1966- G. W. Shaw Elected to Council Of AIDA
400 Delegates attended this Congress which has been reported - [for details see Bulletin 9] [In March 1967 Dr B. Rudden, Lecturer in Law Oxford widened the horizon with a Paper on Soviet Insurance Law].
3RD ANNUAL GENERAL MEETING SEP 1966
Officers and Committee re-appointed, New Members, D.J. Walker, Solicitor, K.S.Cannar B.Sc.,FCII.
Dr Marcel Grossman, Zurich, addressed the Association on the "Freedom of Services in the Field of lnsurance as Created by the OECD and Common Market". The Paper was published in Bulletin No 9 of BILA. [Two other valuable contributions were made during this period: Professor Gower's presentation of a Paper of the Work of the Law Commission and Professor Hardy-lvamy on Recent Developments in Motor Insce. Some consideration was also given to preparations by BILA for the Winn Committee].
Hugh Cockerell's Paper "Insurance Law & World Congress" relating to the Hamburg Congress, and written as Chairman of BILA, gave a special meaning to the Association's future role. It also reveals the considerable impetus received from the Congress attended by 577 delegates. [From Germany (one third), Italy (14%), France (70%), Yugoslavia, Denmark, Greece and with Israel and the UK jointly fielding 8 delegates, though 35 countries in all were in attendance.]
4TH ANNUAL GENERAL Meeting SEPT 1967
Chairman Rex Wyeth Esq. Vice Chairman D.C. McMurdie, LL.B., F.C.I.I. Hon Secretary MA. Cohen, LL.B. New Committee Member D.J. Walker, Esq.,(Solicitor)
The Meeting held in the Council Chamber, Law Society, Chancery Lane was attended by Professor Spencer Kimball, (U.S.A.) who addressed the Association on "'The Organisation of new Insurance Companies - what should a Supervisory Authority Require?" A Paper on the subject of Supervision of insurance Companies was published in Bulletin 12 from an address the same month by G.D. James, LL.B., FCII.
September 1968 - The meeting was addressed by CM Stewart FIA.,FSS (Government Actuary's Dept) on Harmonisation of Insurance Legislation in Europe.
5TH ANNUAL GENERAL MEETING DEC 1968
President Dr C.E.Golding, LL.D.elected Chairman Rex Wyeth Esq Vice Chairman D.C. McMurdie, LL.B. F.C.I.I. Hon Treasurer M.L. Chelk replaced R.A. Sims Address by the Recorder of Oxford E.W. Eveleigh, QC., "Criminal. Law and Criminal Justice"
OXFORD (MAGDALENE COLLEGE) COLLOQUIUM 10-13 SEPT 1969
This important contribution by BILA "On Responsibility of the Role of the State and Employer in provision for Old Age; State Regulation and insolvency" considered Proposals for Earnings-related Social Security and was addressed inter-alia by Richard Crossman Minister of Social Security; it also considered the Role of Arbitration for the settlement of disputes (K.G. Addison, LL.B., F.C.I..I., F.C.I.S, F.I.Arb immediate Past Pres The Institute of Arbitrators, later the Chartered Institute of Arbitrators).
6TH ANNUAL GENERAL MEETING OCT 1969
Chairman D.C. McMurdie, LL.B. F.C.I.I., Vice Chairman D.J. Walker, Esq Hon Secretary M A Cohen LL.B. B.C. Cunningham and T.W. Marriott joined the Cornmittee The address was given by K.G. Addison "Arbitration" 21st. January 1970 President Dr C.E. Golding died
[3RD WORLD CONGRESS AIDA PARIS] 27-29TH APRIL 1970
7th Annual General Meeting Oct 1970 No changes, except M.L. Chelk resigned as Treasurer, auditors undertook responsibility pro-tem; he was replaced by Andrew McCrindell, F.C.I.I. F.I.Arb on 15th September 1971. Professor Aubrey Diamond addressed the Association on "Insurance Law and the Consumer'
In Feb 1971 an interesting event took place on "Battles for Compensation or Damages", jointly with the Royal Aeronautical Society, saw fireworks in full display between Harold Caplan and Rex Wyeth on Liabilities for Personal Injuries in the sphere of Air Law and its International implications! Memorable for Histrionics? Memorable and truly "International" in flavour.
[1st Annual Luncheon held at the The law Society, Chancery Lane (Cost £3.75 per head)]
LONDON COLLOQUIUM 21-23 JULY 1971 (GUSTAV TUCK THEATRE - UNIVERSITY COLLEGE LONDON)
Organised and reported on by PV Saxton. Addressed by Professor Donati, President of AIDA; Main topics Dr HE Gumbel "Legal Problems in Insurance Relations across National Frontiers that arise in connection with the Common Market" European Working Group Set Up; Sir Leslie Scarman Chairman of the Law Commission; Prof Spencer Kimball on Legal Regulation of Insurance Intermediaries; contributions from Prof Simon Fredericq (Belgium), GW Shaw (UK), Prof Baron van der Felz (Holland), Prof Donati (Italy), and Bertram Dedman (USA). (See separate expanded account of this event to mark 25 years anniversary).
[3RD PAN AMERICAN CONGRESS OF INSURANCE LAWS RIO DE
JANEIRO 11-14 TH OCTOBER 1971 A TTENDED BY G. W. SHAW (AIDA & BILA) ]
8TH ANNUAL GENERAL MEETING NOV 1971
President: Maurice Bathurst, CMG, CBE, QC Chairman D J Walker, Esq
Professor ER Hardy-lvamy, T. Knowles and R. Simmons join Committee European Working Group set up wider R.P. Booth April 1972; Bernard Cunningham becomes Editor of Bulletin (D C McMurdie having completed many years in this demanding role)
COLOGNE SEMINAR 16-19 NOVEMBER 1972
Organiser: P.V. Saxton; Environmental pollution and insurance; the pattern of life assurance sales; current problems of contractors' all-risks insurance.
9TH ANNUAL GENERAL MEETING NOV 1972
Chairman Professor H A L Cockerell, OBE Vice Chairman Kenneth S. Cannar, B.Sc., F.C.I.I. Hon Secretary Pat V. Saxton, F.C.I.I. Hon Treasurer Andrew McCrindell, F.C.I.I., F.I.Arb Committee: I.G. Alexander, M.A. Cohen D.C. McMurdie, Professor I.R. Hardy-Ivamy. Rex Wyeth re-elected to Committee after "sabbatical", Edgar Jenkins retired. Hon Scientific Editor:I.P. Smith, LL.B., F.C.I.I. (Apptd 14th February 1973) Professor Cockerell takes over Chairmanship of European Working Group
Meetings for the year included "Pollution and the Environment" by T.W. Marriott, LL.B., A.C.I.I.; "Tbe Scott Report" a meeting with Sir Hilary Scott and R.W. Abbott, Esq., Chairman & Member of Scott Committee; and an address by Professor Hans Moller, on social security law in Germany.
Monitoring remote operations ANGLO-FRENCH SEMINAR PARIS 17-18th MAY 1973
Topics - Environmental Pollution and Insurance (T.Marriott), Social Security within the EEC (See Bulletin 32)
THE BRITISH INSURANCE LAW ASSOCIATION
UK Chapter of L'ASSOCIA TION INTERNA TIONALE DE DROIT DES ASSURANCES (A.I.D.A.)
SEQUENCE OF OFFICERS/EVENTS OF BILA FROM 19 74 - 1983 The Second Ten Years 10TH ANNUAL GENERAL MEETING-12TH SEPTEMBER 1973
President: M.W. Bathurst, C.M.G., C.B.E., QC Vice-Presidents: H.A.L. Cockerell, G.W. Shaw Chairman: M.A. Cohen, LL.B., Vice-Chairman: K.S. Cannar, B.Sc., F.C.I.I. Hon. Secretary: P.V. Saxton, F.C.I.I. Hon. Treasurer: A.L. McCrindell, F.C.I.I., F.I.Arb Hon Scientific Secretary: I.P. Smith, LL.B.,F.C.I.I. Committee: I. Alexander, Professor E.R.H. Ivamy, D.C. McMurdie, D.J. Walker and R. Wyeth.
Scottish Branch Inaugural Meeting Lord Alexander addressed a meeting of the Scottish Branch on 21st March 1974 Strong activity "north of the border' developed during the year
AIDA IVTH WORLD CONGRESS LAUSANNE 29TH APR-2ND MAY 1974
The principal topics were" The accumulation of claims payments, recourse and subrogation in private and state insurance" and "Insurance and acts of violence against a community, affecting persons or property" The principal contributions from the UK were prepared by Professor E.R.Hardy-lvamy and Mr Hugh Cockerell.
11TH ANNUAL GENERAL MEETING OCTOBER 1974
Deputy President: Lord Kilbrandon (apptd 4th November 1974)
Chairman: M.A. Cohen, LL.B. Vice Chairman; K.G. Addison, LL.B., F.C.I.I., F.C.I.Arb., F.C.I.S Hon Secretary: P.V. Saxton, F.C.I.I. Hon. Scientific Secretary: I.P. Smith, LL.B., F.C.I.I. Hon. Treasurer: A.L. McCrindell, F.C.I.I., F.I.Arb. Committee: AJ. Dolden, Dr. MM Müller-Stüller, Mr E Hartwig, D.G. Sasserath, D.J. Walker
THE LONDON COLLOQUIUM GUSTAV TUCK THEATRE, UCL LONDON, WC2. 16-18 JULY 1975
Insurance & the Consumer (Organising Secretary, P.V. Saxton)
Principal Contributors were KG. Addison (GB), Sir Timothy Crawley-Boevey (GB), M.C. Faiers (GB) Professor Ambrose B. Kelly (USA), Professor A. Linden(Canada), J. Methven (GB), Professor Dr Hans Möller (Germany), J.A.S.Neave(GB), LA.Timmerman(Holland), Professor B. Viret, (Switzerland)
[Mr (later Sir) John Methven was the First Director of the Office of Fair Trading in the UK]
12TH ANNUAL GENERAL MEETING 29TH SEPTEMBER 1975
President: Lord Kilbrandon Chairman: K.G. Addison, LL.B., F.C.I.I., F.C.I.Arb., F.C.I.S Deputy Chairman: J.S. Butler, LL.B. Hon. Secretary: P.V. Saxton, F.C.I.I. Hon. Scientific Secretary: L.P. Smith, LL.B., F.C.L.I. Hon. Treasurer: A.L. McCrindell, F.C.I.I., F.I.Arb Committee: K.C. Green and Dr. E. Gumbel, LL.D. join the Committee
Programme of Meetings for coming year include International Arbitration (Dr. E. Gumbel), "The Pearson Report!'(D.A. Marshall); " EEC contract law and the EEC proposals on insurance contract law" (I Alexander and T.W. Marriott) COLOGNE SEMINAR - 6-9 MA Y 1976 The seminar covered Inflation in Germany and Britain, Motor Insurance and Inflation, Health Insurance and Inflation and Protection of the Insured as a Customer.
13TH ANNUAL GENERAL MEETING 29TH SEPTEMBER 1976
President: Lord Kilbrandon Deputy President: Owen Swingland, Q.C., LL.B. Hon Scientific Secretary R.A. Deacon, LL.B. Committee changes: Joined - A.J. Dolden, Dr H.E. Gumbel, Dr. M.M.Müller-Stüller, D.G. Sasserath.
2nd March 1977 The Hon Treasurer, Andrew McCrindell, offered his resignation early in 1976; the committee appointed R.A. Sims to be acting treasurer from I st March 1977 and co-opted to the ` committee.
HAMBURG SEMINAR 20-23 OCTOBER 1977 Professional Liability; Developments in German/UK supervisory systems; legal protection; freedom of services in insurance. Reviewed P.V. Saxton Bulletin 41; a significant contribution.
4th May 1977 Professor G.S.A. Wheatcroft on retirement, made an Honorary Member
14TH ANNUAL GENERAL MEETING 29TH SEPTEMBER 1977
President: O.M.W. Swingland, Q.C., LL.B. Deputy President: The Hon. Mr. Justice Donaldson. (March 1978) Vice Presidents: H.A.L. Cockerell, OBE., G.W. Shaw Chairman: J.S. Butler. LL.B. Deputy Chairman; H.E. Gumbel, LL.D Hon Secretary: R.A. Sims, LL.B., F.C.I.I., FI.Arb Hon. Scientific Secretary: R.A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Scottish Br Chmn; G.K. Doyle Committee: M.A. Cohen, A.J. Dolden, K.C. Green, D.G. Sasserath, P.V.Saxton, D.J. Walker
A proposal to change the name of the Association to the United Kingdom Insurance Law Association was referred to the Committee. It was rejected after reference to Extract from "BRITAIN 1976" (HMSO) which declares "Britain, formally known as the United Kingdom of Great Britain and Northern Ireland……."
AIDA VTH WORLD CONGRESS MADRID - OCTOBER 1978
Main Papers presented: Prevention and insurance (Presenters A.L. McCrindell & A.J. Dolden)
Pollution and insurance (Presenter MA. Cohen) (See Bulletins for Reports) Over 1600 members of AIDA and accompanying persons attended this Congress - an outstanding success.
15TH ANNUAL GENERAL MEETING 26TH SEPTEMBER 1978
President: O.M.W. Swingland, Q.C., LL.B. Deputy President: The Hon. Mr. Justice Donaldson. (March 1978) Vice Presidents: H.A.L. Cockerell, OBE., G.W. Shaw Chairman: J.S. Butler, LL.B. Deputy Chairman; H.E. Gumbel, LL.D Hon Secretary: R.A. Sims, LL.B., F.C.I.I., Hon. Scientific Secretary: R.A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Scottish Br Chmn; G.K. Doyle Committee: MA. Cohen, A.J. Dolden, A.H. Kay, R.B. Lincoln, D.G. Sasserath, P.V.Saxton,
Panel Meeting held at the Law Society on 22nd March 1978 on The Unfair Contract Terms Act 1977 was held involving Konrad Scheimann, M.A., LL.B., Frank Eaglestone, LL.B., F.C.I.I.: [Chaired Dr Edward Gumbel.]
Meetings held at Edinburgh by the Scottish Branch and a new venue for Meetings in the City of London was arranged with the Institute of London Underwriters; reports were considered on various EEC Directives.
THE LONDON COLLOQUIUM GUSTAV TUCK THEATRE UCL - 18TH-20TH JUL Y 1979 Arbitration & Intermediaries
This international conference, following the successful format introduced in 1971 was presented with papers by the Deputy President, Mr Justice Donaldson, Mr. K.G. Addison, Mr J.S. Butler, (UK), Professor Ambrose Kelly (USA) Hon President AIDA, Professor Spencer Kimball, American Bar Foundation, Professor Ernest Klingmuller, University of Cologne, Francis Perkins, CBE, Chairman British Insurance Brokers Association, and Gordon Shaw, Vice President, BILA; sessions were chaired by Mr M.E. Bathurst, Past President BILA, Professor Hugh Cockerell, Vice President BILA, Professor Simon Fredericq, President AIDA and Mr O.M.W. Swingland, QC, President, BILA. An Official Reception was arranged by HM Government.
Meetings were held during the session on Arbitration, The Responsibilities of Trustees of Pension Schemes, (Mr W.T. Green & Mr Ron Spill), Errors & Omissions Insurance (Peter Madge) & the Pearson Commission. Reports to members on the Vth World Congress in Madrid were published in the Bulletin.
16TH ANNUAL GENERAL MEETING 26TH SEPTEMBER 1979
President: Rt. Hon. Sir John Donaldson, Lord Justice of Appeal. Deputy President: R.I. Sloan, F.C.I.I. (a past president, The Chartered Insurance Institute) Vice Presidents: Professor H.A.L. Cockerell, OBE, M.A. Cohen, G.W. Shaw Chairman: HE. Gumbel, LL.D Deputy Chairman; P.V. Saxton, F.C.I.I. Hon Secretary: R.A. Sims, LL.B., F.C.I.I., Hon. Scientific Secretary: R-A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Scottish Br Chmn; G.K. Doyle.
Programme for the year 1979-1980 included addresses by Mr Malcolm Reid, (Department of Trade) on "Insurance Supervision", Professor Gordon Borrie "Complaints against Insurance - do we need an Ombudsman?", Dr R. Ganten,, Director of the International Oil Pollution Compensation Fund, on "Pollution Damage caused by Oil Tankers" and Daniel Simon, Los Angeles Attorney on "Amencan Legal Liabilities". The Chairman of the Law Commission, The Hon. Mr Justice Kerr, addressed the Association's Presidential Luncheon Meeting.
17TH ANNUAL GENERAL MEETING 17TH SEPTEMBER 1980
President: Rt. Hon. Sir John Donaldson, Lord Justice of Appeal. Deputy President: R.I. Sloan, F.C.I.I. (a past president, Chartered Insurance Institute) Vice Presidents: Professor H.A.L. Cockerell, OBF, M.A. Cohen, G.W. Shaw Chairman: H.E. Gumbel, LL.D Deputy Chairman; P.V. Saxton, F.C.I.I.
Hon Secretary: A.H. Kay, LL.B. Hon. Scientific Secretary: R.A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Scottish Br Chmn; K.M. Davidson, LL.B (Hons), A.C.1 1. Committee: G.K. Doyle, AT Dolden, R.B. Lincoln, A. Pincott, D.G. Sasserath, R.A. Sims
A Presidential Colloquium was held at St Vincent on October 19th 1980 to mark twenty years of AIDA. It was attended by Gordon Shaw, Michael Cohen, Michael Müller-Stüller, Pat Saxton and C. MacRitchie for the UK Chapter, concentrating on arrangements for the 1982 World Congress.
The programme for 1980/81 was varied; all meetings were held at the Institute of London Underwriters. The first meeting was addressed by Professor Ernist Klingmuller, Insurance Law Institute, University of Cologne, "Can Liability Insurance Survive" and two discussion meetings when the British Reporters for the AIDA world congress 1982 presented their ideas for the British national reports on the two themes of the Congress. Ronald Skerman, Chairman of the British Insurers' European Committee and Mark Weinberg, presented their ideas relating to the "Insurance of Persons" and Professor Derek Owles, Visiting Professor, City University Business School on "The Insurance and the Liabilities of Providers of Services". Professor Reimer Schmidt, Chairman of the Supervisory Board of Aachener and Munchener Group on "Main Principles of Insurance Supervision".
The Scottish Branch, jointly with the Insurance Society of Edinburgh, made arrangements for a visit from Professor Klingmuller who led a party from Cologne between l4th -19th May 1981; it was addressed by the Lord Advocate, the Rt. Hon. Lord Mackay of Ashford. This event was jointly organised by Kevin Doyle and Ken Davidson.
18TH ANNUAL GENERAL MEETING 16TH SEPTEMBER 1981
President: R.I. Sloan, C.B.E., F.CI.I. Deputy President: Rt. Hon. Sir Michael Kerr. Vice Presidents: Professor H.A.L. Cockerell, OBE, M.A. Cohen, G.W. Shaw Chairman: P.V. Saxton, F.C.1.1 Vice Chairman; A.J. Dolden, Esq., Solicitor. Hon Secretary: A.H. Kay, LL.B. Hon. Scientific Secretary: R.A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Committee: J.S. Butler, K.Davidson, R.B. Lincoln, A. Pincott D.G. Sasserath, RA. Sims.
Sub Committees on Consultative Documents considered responses to a Law Commission Enquiry on Non-disclosure and Breach of Warranty and an EEC Directive on Protection of Workers from Risks from Exposure to Chemicals. A meeting was held in March jointly with the Association of Risk Managers in Industry and Commerce. The Committee resolved on 17th March 1981 that it would not divulge a list of members of BILA to any organisation or body of other persons for promotional purposes. It is understood that this policy has been maintained.
AIDA VITH WORLD CONGRESS LONDON ROYAL FESTIVAL HALL 19-22ND APRIL 1982 CONGRESS DIRECTOR, GORDON W. SHAW
Congress Committee: Lord Justice Donaldson, Mr R.I. Sloan, Mr P. Dugdale (BIA), M.Morris; (BIBA),
Mr Peter Green (Lloyds) and Mr M. Reid (Dept of Trade); UK National Reports: Professor D. Owles and Mr. R. Skerman. (See details above)
Very considerable support for this Congress was provided from the London Market. The Congress Director reported that in all some 603 delegates and 311 accompanying persons attended - 620 were from overseas. "One broker complained that the discussion was too academic but this was corrected and after a great deal of hard work, a splendid concert two official and several unofficial receptions a splendid day out and an enjoyable closing banquet, over 600 from overseas went home happy". Substantial coverage of the event has been made in the Bulletins of BILA and elsewhere so is not covered here.
The programme of events covered "Litigation in the field of international reinsurance" (Mr. R.J. Kiln, Lloyds), Professional indemnity from the Brokers point of view (Mr.W. Batchelor) and a talk by the Insurance Ombudsman, (Mr. James Haswell). "Personal Injuries" was covered by Counsel, Mr William Barnett.
19TH ANNUAL GENERAL MEETING 15TH SEPTEMBER 1982 THE FOLLOWING WERE RE-ELECTED FOR A SECOND TERM
President: R.I. Sloan, C.B.E., F.C.I.I. Deputy President: Rt. Hon. Sir Michael Kerr. Vice Presidents: Professor H.A.L. Cockerell, OBE, M.A. Cohen, G.W. Shaw Chairman: P.V. Saxton, F.C.1.1 Vice Chairman; A.J. Dolden, Esq., Solicitor. Hon Secretary: A.H. Kay, LL.B. Hon. Scientific Secretary: R.A. Deacon, LL.B.
Hon. Treasurer: Dr M.M. Müller-Stüller Committee: J.S. Butler, K.Davidson, R.B. Lincoln, A. Pincott, D.G. Sasserath, R.A. Sims.
The Meeting elected as Honorary Members, Rt Hon. Sir John Donaldson, Mr. Maurice Bathurst, Mr Owen Swingland and Professor Simon Fredericq.
This review ends twenty years from formation; the writer's committee involvement ended in August 1983
BRITISH INSURANCE LAW ASSOCIATION UK chapter of AIDA (I'ASSOCIATION INTERNATIONALE de DROIT des ASSURANCES)
THE LONDON COLLOQUIUM TWENTY FIVE YEARS AGO
BY RONALD SIMS
The London Colloquium 21st-23rd July 1971 Gustav Tuck Theatre, University College, London President A.I.D.A Professor Antigono Donati, Rome, Italy President BILA - Dr. Maurice Bathurst Q.C., C.M.G., C.B.E. Conference President - Professor Hugh A. L. Cockerell, OBE Chairman of BILA - DC McMurdie Hon Secretary BILA - MA. Cohen
Organising Secretary - PV Saxton
The Colloquium was held jointly with the American Bar Association
Speakers: Prof Hans Mö11er Hamburg, Germany - President de Jure of AIDA (Note: Professors Donati and Mö11er were joint Founders of AIDA) Prof Simon Fredericq Gent Belgium Prof F Van der Feltz Holland Prof Ambrose Kelly Providence RI USA, Chairman US Chapter Bertram C Dedman President US Chapter AIDA Dr Hans Salzmann Zurich Switzerland, (Swiss Re) Prof Ernst Klingmuller University of Cologne Dean Spencer Kimball University of Wisconsin USA John S Butler UK R.H. Lawrence UK Gordon W. Shaw UK
The Reporters were Dr Maurice Bathurst QC., Mr Tor Green and Charles W Havens III USA, Sir Leslie Scarman, Chairman of the Law Commission of the United Kingdom was present.
THE LONDON COLLOQUIUM 1971
The Colloquium, the second to be organised by the BILA in the UK, was its' first truly international venture (the first was held at Magdalene College, Oxford on "The Respective Roles of State and Employer in the Provision for Old Age " [10th-13th September 1969]). This is the background.
The American Bar Association had decided to hold its main annual event in London and, for some years a very close relationship had been formed between the American Chapter of AIDA and its British counterpart. The Americans were particularly keen to concentrate their attention on the insurance issues of the time and wished to descend on London with serious issues to stimulate their understanding with colleagues in the United Kingdom in particular but with Continental legal insurance specialists in general. AIDA was intended to be given a fillip and London was to be the stage for the event.
Until that time BILA Membership had been mainly centred on individual members with their specialist interests, from within Insurance (Companies and Lloyd's), the legal profession and range of academic and commercial interests. The membership was relatively small, and financially the prospect seemed to the Committee quite an impossible venture without support from corporate interests. The prospects depended entirely on marketing (as we would call it today) and a sufficient appeal to the leaders in Commerce to assure any viable commitment. The two Vice Presidents, Hugh Cockerell and Gordon Shaw, were committed to satisfy one essential and overriding concern - to turn down the American request was unthinkable.
The criteria for the Oxford Colloquium, however successful that had been, would not satisfy the leaders of the London commercial insurance interests unless it could be shown that the legal subject matter would produce satisfactory end results. The British Insurance Association was not minded to interest itself in academic matters - these were already satisfied by educational and trade affairs bodies in being and with considerable interest and influence. Lloyd's was aloof except in its intelligence network which kept a wary eye on every development affecting its commercial interests.
Europe was fairly high on the commercial agenda; no insurer worth its salt was unaware of the developing themes of regulation taking place within the European community. Hugh Cockerell, in his second notable career, namely as Senior Research Fellow in the City University, recognised the potential and was able to open the doors in a way which fitted the continentals and the Americans. On the Lloyd's side there would be no official recognition but one of its (and BILA's) most respected leaders, insistent at that stage as being known only as "A Member of Lloyd's Common Market Working Party", Dr Edward Gumbel , LL.D., Barrister, and passionate devotee of the solution of legal problems across frontiers, presented BILA, AIDA and the Americans with his Paper - a tour de force - which fitted (as the Vice Presidents might say) 150% of the Lloyd's commitment. (Incidentally the Chairman of Lloyd's of London at the time was Sir Henry Mance renowned for his international reputation and extremely keen interest in such matters!)
For the Companies, Gordon Shaw's file made available recently for the first time shows the extent of his drive. His personal appeal to every Chief Executive of the major international companies and to every individual influential selective executive whose name was discreetly made available to him by his co-Vice President was direct and powerful.
One thing remained, for even if substantial funds has been forthcoming, each participant chapter of AIDA must be appraised of the costs falling on the dedicated few in BILA. With subtle and direct but polite words our American friends were also approached by our Chairman Donald McMurdie to recognise that hospitality was to be shared in the most gentlemanly manner. The work was put in hand with zeal and each participating chapter and contributor excelled in spirit and in deed.
The subjects were to attract the widest appeal and the strongest support imaginable. The papers presented were published to acclaim and on his return to the United States, Ambrose Kelly, expressed the views of his colleagues of the American Chapter in a personal letter to Gordon Shaw:
"Seriously I want to thank you for making the Colloquium possible which, in my judgement, was a rousing success. I am very aware that it would never have been held without your drive and enthusiasm. …………"
The Chairman, Donald McMurdie wrote to Gordon Shaw in recognition of his two excellent papers.
The papers had been published before the Colloquium as part of the pre-conference literature which ensured full participation and a new healthy respect for the part which BILA itself would play in future. It gave the Speakers themselves opportunities to "compare notes beforehand."
Topicality, scientific approach to practical issues of the day, commercial realism and essential cross-boundary approaches would form a new international understanding. A platform for bouncing idea's and addressing them and, where as with this Colloquium, several speakers could be seen to be reflecting the same legal interpretations of events from their experience in their own jurisdictions, here was the forum and the space to learn, digest and adapt.
Heavy reliance was placed on the support necessary from the financial institutions who responded with both time, attendance and reflective response.
As the London Colloquium for 22nd and 23rd July 1996 takes place it can be seen that 25 years ago the seeds were sown; the two Vice Presidents then forged the right path. AIDA, now presided over by John S. Butler, [a speaker at the 1971 Conference, and later Chairman of BILA during the Vth World Congress at Madrid in 1978] has developed and matured with frequent international study groups. The work of our UK General Reporters then and since deserves thanks and well-deserved recognition.
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