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Our benefits

At McGill and Partners, we are proud to be different by design and have purposefully and consciously established our overall benefits offering to ensure our Colleague Experience is market leading, attracts the best talent and enables the success of our business.

We are a global company and one key principle, is that we have complete consistency across all the countries that we operate in. So, if for example you are a US colleague, you are entitled to the equivalent holiday and family leave as a UK colleague. This is a real differentiator and is part of our One Team ethos. Our culture and our benefits have been established to allow for a highly differentiated colleague experience that recognises that colleagues work hard, perform and are integral to the success of our business.

Our culture is underpinned by our Contract of Trust. Our Contract of Trust is the ‘glue’ critical to the success of our company and in a recent culture survey 91% of colleagues agreed that it encourages a culture of autonomy, accountability, and ownership. The Contract of Trust is the commitment that McGill and Partners makes to colleagues and that colleagues, in return, make to McGill and Partners. It sets out an expectation of and commitment to high performance, professionalism, and trust. It is what defines our culture, and it is our culture that sets us apart. The Contract of Trust allows us to operate within a principle not policies framework and gives colleagues the empowerment and responsibility to do a great job and perform well.

Examples of some of the benefits we offer within our Contract of Trust are flexible working; all roles being open to smart working/job-share/part-time; market leading paternity, maternity, adoption leave and the recent addition of carers and grandparent leave. We put a significant focus on colleague well-being and all colleagues are entitled to a quarterly well-being allowance and a fully paid six-week sabbatical after five years tenure with McGill and Partners. In addition, we run regular education sessions on well-being topics such as men’s health, menopause awareness and mindful drinking. We really are a great place to work!

Hear from one of one colleagues on what it’s like to work at McGill and Partners:

“Family First” – A reflection on the value of paternity leave.

Read here.

An insight into working at McGill and Partners:

Our family leave offering

Un-restricted holiday allowance

Sabbatical leave

Wellbeing allowance

Flexible working

Your Airmic Guide

The aim of these guides, produced by McGill and Partners in association with AIRMIC, is to provide a set of toolkits to assist directors in understanding and keeping pace with a range of increasingly complex and fast-changing topics which create both risks and opportunities for the companies they serve. They take the form of 12 questions asked and answered, designed to break each topic down into a manageable set of issues. Whilst the answers to each question will vary depending on the size, maturity, and nature of each company’s business, the responses are designed to be relevant and practical.

2024

AI and insurance

2023

Cyber risk and insurance

D&O liability insurance

M&A and insurance

2022

Supply Chains and insurance

Gender Pay Gap Report 2023

This report sets out our 2023 Gender Pay Gap reporting information for McGill and Partners UK. 2023 marked our fourth full year of trading and we have continued to build the business at pace, in accordance with our core principles of the Contract of Trust and being intentionally inclusive.

We are mindful of our Gender Pay Gap and that we need to continually work towards having greater female presence in senior roles within our firm. As mentioned in our report we will do this through recruitment, career progression and development.

You can read our full report here: McGill and Partners Gender Pay Gap Report 2023.

Is Ireland the new hotspot for rights of light claims?

Introduction

The impact of rights of light claims on development projects has been a concern for UK developers for several years now, but, until relatively recently, Ireland had managed to buck the trend.

However, as Ireland enjoys a period of heightened development, rights of light issues have become an increased topic of debate. Urban development is on the rise fuelled by a lack of housing in cities such as Dublin and Cork. The effects of Brexit are also being felt with a number of international companies relocating to Ireland as their European headquarters, increasing the demand for both office space and housing. Cities such as Dublin have proposed increasing their building height restriction to potentially 25 stories, to deal with this demand, which will only lead to further discussions around
rights of light.

So what is a right to light?

A right to light is an easement that gives a property owner the right to receive light through defined apertures in their building. Disputes can therefore arise when new developments threaten to obstruct this right.

A right to light in Ireland was initially established by the 1858 Prescription Act, the same act that is in effect in the UK today. However, this law was repealed by the 2009 Law Reform Act, which reduced the period of use and enjoyment needed to acquire a right through prescription from 20 to 12 years.

There have already been large losses for developers as a result of rights of light claims in Ireland. One of the most notable rights of light cases relates to the re-development of City Quay, Dublin where in 2018 the Immaculate Heart of Mary church adjoining the development was paid €3.5 million in compensation for their loss of light after objecting to the neighbouring development. The settlement included compensation and also an obligation to undertake improvement works on the exterior of the church.

High profile claims such as this with large losses for the developer has resulted in increasing awareness of rights of light in Ireland, something any developer operating in Ireland should be mindful of

How insurance can help

Rights of light insurance is taken out by the developer to mitigate the financial risk of a third party coming forward attempting to enforce their right to light.
Some of the typical losses covered by a policy include:

Settlement costs to injured third parties, over and above any excess that might be in place.
Legal and professional fees incurred defending a claim.
Abortive costs and the cost of demolishing, altering or reconfiguring part or all of the property if required by a court order or settlement agreement, as well as any loss in market value.
Delay costs and loss of rent (can also be included under the policy for an additional premium).

A rights of light insurance strategy consists of three different options of cover, which are outlined below. Generally,a strategy is made up of a combination of these three approaches depending on the level of injury caused by the development and the third parties involved.

Wait and see – No contact is allowed with the injured properties and in the event an injured third party comes forward any settlement costs and professional fees will be borne by the insurer up to the limit of indemnity.
Reactive agreed conduct – In the event an injured third party comes forward you can negotiate a settlement with this party within the excess defined in the policy. Legal and other professional fees will not reduce the excess, and these
must be borne by the insured. You must not contact these parties with regards to rights of light.
Proactive agreed conduct – The insured is expected to proactively negotiate a settlement with these third parties, within the policy excess. If the settlement exceeds the excess or there is an injunction the policy will then respond. Legal and other professional fees will not reduce the excess, and these must be borne by the insured.

Insurance is a solution that mitigates financial loss in the event of a claim, however, the only thing that can truly mitigate the risk including the time and stress involved; is releasing the issue with the third party. This is where the agreed conduct style of policy has become increasingly popular in the right to light market, especially where there are high levels of injuries to third party properties and it would not fit within good developer conduct to ignore the injured party. It is also used where there are good relationships between the third party and the developer or a mutual release is being sought. In these scenarios rights of light insurance provides “catastrophe” cover in the event that relations sour and a reasonable settlement cannot be agreed or injunction proceedings are commenced by the injured party.

Information Required

In order to look to obtain insurance the following will be required:

A copy of the right to light report
Copies of the title register and plans to the property
Details of the development and confirmation of the planning status
Details of any material objections or contact by third parties
Details of any neighbourly matters that might be required – i.e. party wall agreements, crane over sail licences
The GDV of the development
The anticipated profit of the development – if known
Details of any legal DD carried out of any of the neighbouring properties – if available

Rights of light insurance is a valuable tool for developers in Ireland, offering financial protection and legal support in the face of potential disputes arising from new developments. As urban landscapes evolve, understanding the impact of a right to light becomes increasingly important. Developers should carefully consider their options and consult with surveyors, legal and insurance professionals to ensure comprehensive coverage and protection of their development.

The McGill and Partners Legal Indemnity team have completed thousands of deals and have experience in the most complex of situations, creating new solutions in conjunction with developers and insurers.

ECCTA 2023: Corporate Criminal Responsibilty

On 26 December 2023, the attribution rules relating to corporate criminal responsibilty for economic crimes were extended to senior managers under the Economic Crime and Corporate Transparency Act 2023 (ECCTA). So, who are senior managers for this purpose, and should they be worried?

You can read the full article here: ECCTA 2023: Corporate Criminal Responsibilty

Article Credit: Governance and Compliance Magazine

Carillion Directors’ Disqualification Proceedings

A Cautionary Tale for All Non-Executive Directors

Nearly six years after the collapse of Carillion in January 2018 with debts in the region of £7 billion, the trial of its five non-executive directors (and one executive director) under the Company Directors Disqualification Act (CDDA) in proceedings brought against them by the Insolvency Service was finally due to get underway today but was dropped by the Insolvency Service at the 11th hour on the basis that it would not have been in the public interest to continue. If the claim had succeeded, the individuals could have been disqualified from serving as directors for up to 15 years. They (and their executive colleagues) have already faced a series of enquiries and investigations. What was the nature of the case they were facing and to what extent were any liability protections which may have been in place prior to Carillion’s collapse apt to protect them? Finally, what lessons, if any, are there here for non-executive directors of other publicly listed UK companies?

You can read the full article here: Carillion Directors’ Disqualification Proceedings

Our Apprenticeship Programme

At McGill and Partners we believe in a truly undivided culture, seeing real benefits from a wide breadth of experiences amongst our colleagues.

With active inclusion and apprenticeships, we have created an open, supportive environment where everyone can be themselves.

Hear from our 2021 Apprentices about what it is like to work for McGill and Partners:

Unmistakably McGill and Partners.

Climate change, are you covered?

Climate change and the ensuing impact on the Environmental Liability of businesses is getting impossible to overlook. It is no longer just loss of sea ice and sea levels rising, things that feel easier to ignore when they are not close to home, now we are seeing more widespread effects in our day-to-day lives – there are more intense heat waves, droughts, earthquakes, wildfires and extreme rainfall seen across the globe.

Situations such as the record temperatures experienced in the UK and Europe in 2022 are quickly encouraging businesses to prioritise these issues. This has been reflected in the World Economic Forum findings that show extreme weather events, climate change, human-made environmental disasters, biodiversity loss and natural disasters are now in the top 10 risks that are of concern to businesses at board level. With failute to mitigate climate, failure of climate chnage adaptation and extreme weather events identified as the top 3 global risks by severity.

As climate change is not attributable to single sources and single company operations, the effects on a business are (generally) not insured under existing Environmental Impairment Liability (EIL) programmes. Climate change though, does cause extreme weather events which tend to increase the severity and frequency of pollution incidents. And these incidents, particularly ground and water pollution, can be directly attributable to a single business operation or activities. Pair this with the general public’s heightened awareness of climate and pollution issues and the lowering of their threshold for acceptance of such incidents and an environmental issue can soon become a reputational one too. So now, as a business, your concern isn’t ‘just’ fixing the damage caused to the environment but considering how to mitigate any brand and reputational damage that could ensue.

The most common claims according to some insurers are those for the cost of preventive and remediation measures for on-site and off-site environmental damage. The amounts of the claims range widely but easily reach multimillions when you consider ongoing replacement and monitoring costs.

There is a common misconception that your General Liability policy will cover you in these ‘less than likely’ events but the chances are it won’t and the costs can very quickly mount up. This is where your Environmental Impairment Liability (EIL) policy proves it worth.

An EIL policy is not there to prevent the incident in the first place, little can be done about the weather, but it does provide you with access to environmental legal, consulting and claims experts to help protect your balance sheet and your reputation while providing invaluable support in an emergency response situation.

As more incidents occur we see more EIL policies cropping up, and while more choice is good thing it also makes it increasingly more difficult to not just understand the coverage you need, but to know which policy is right for you. Team this with market movements such as US capacity reducing and the London market seeing new entrants and general recalibration of appetites, the landscape is ever-changing and challenging to navigate.

That’s why at McGill and Partners we have invested in the finest specialist Environmental brokers in the market to ensure we provide our clients with the best possible service from the first discussions to the point of claim, the time when it’s needed the most. We have the ability to access over $400M of capacity and can offer key products such as Contractor’s Pollution Liability for contracting risk, and Premises products that can include Historic Pollution Liability, Sudden and Accidental only or Full Pollution including Gradual, Primary or Excess to General Liability.

We will always work with you to understand your requirements and then tailor a bespoke policy to best suit your business needs and existing insurances, regardless of how complex.

New exclusions clarify what constitutes uninsurable risk in cyber attacks

“There’s been a lot of confusion and concern about new war clauses on cyber policies; while exclusions are never a cause for celebration, adding clarity to coverage can be. Long a murky topic, these changes may usher in a new understanding of the line between insurable and uninsurable risk in the current cyber market”

The line between insurable and uninsurable risk where conflict between sovereign states involves cyber-attacks has long been difficult to discern. An important element of cyber coverage has been the agnostic approach to threat actors (including state sponsored/executed attacks), but combined with the war and terrorism exclusions in policies, questions remain as to when a cyber-attack becomes an act of war, and thereby uninsurable. The recent War and Cyber Operation Exclusions introduced by the Lloyd’s Market Association (LMA) have been designed (with best intention) to better insulate the cyber market from specific systemic risk emanating from the use of cyber-attacks in the course of war/conflict. War exclusions are commonplace in existing cyber policies (and have been for numerous years), but certain coverage conditions (i.e. carve backs for Cyber Terrorism) have long caused uncertainty as to what is an acceptable level of risk/impact the market can bear where there is far-reaching impact for state-sponsored cyber-attacks.

The LMA has introduced four versions of the War and Cyber Operations (LMA5564 – LMA5567) which will be mandated across any cyber policies written by a Lloyd’s syndicate from Apr 1 2023. As should be expected with any new clause, there are various iterations in the market to further clarify position and ensure the language is fit for purpose (both for carriers and insureds alike) – but, there are common provisions across all versions for uniformity in position:

1. War (whether declared or not) is excluded from coverage – this is a continuation of the existing coverage position: war is not an insurable risk in the cyber market.

2. Exclude state-sponsored cyber-attacks that significantly impair (1) ability of state to function or (2) security capabilities of state (“impacted state”) – arguably, this is the delineation that has been missing in the cyber market; a more definitive response to “what constitutes uninsurable risk that may or may not be considered war?

3. Clarity regarding coverage for computer systems located outside of an impacted state – serves to limit the exclusion to that which has been deemed uninsurable by virtue of the “war threshold” established above. This provision is an important recognition that there may be other impacted organisations that exist outside of the intended targeted state.

4. Robust basis for attribution agreement regarding state-backed cyber-attacks – This is a significant change to the functionality of cyber policies – up to now, the policies have been agnostic as to threat actor with coverage attaching whether the threat actor was state-sponsored or not, though it is important to note this position in the context of the war exclusion remained largely untested and confusing. Attribution as an explicit coverage determinate is a new position and again seeks to create a clearer position on what constitutes uninsurable risk that may or may not be considered war.

It is important to note (1) this directive applies only to Lloyd’s of London Syndicates and (2) while markets must adhere to the provisions above (1-4), there is still flexibility for risk appetite and differentiation (for instance, allowing coverage for assets outside of the impacted state). Though the directive does not extend to the full cyber market, it is a clear indication of the direction the market is moving and similar clauses should be expected in the broader marketplace.

As these clauses are the first iteration (and yet untested), challenges to the applicability of the exclusion in any given circumstance are very likely to occur. One such likely challenge will be proving attribution – attribution (and acceptance) can be very difficult and absolute certainty in attribution may not be feasible (especially based on public information that can be used as evidence).

While these terms may appear daunting, the goal is to provide additional clarity of coverage in a world that is increasingly reliant on technology.

McGill and Partners has been working closely with clients to help guide them through this first step in what is likely to be a long road of policy language development, helping to provide more certainty of coverage where the exclusion is involved, ensuring cover under their programs is as broad as possible in the current market.

In a world that is increasingly more reliant on tech it can be hard to decipher whether a policy offer you the coverage you need. McGill and partners works closely with clients to help guide them through what is likely to be a long road of policy language development to ensure the coverage you need is the coverage you get, whether the exclusion is involved or not.

Gender Pay Gap Report 2022

We have set out to be intentionally inclusive, whether that’s in life experience, background, race, age, gender identity, sexual orientation, disability, or neurodiversity and are proud of the work we are doing in this space.

Recognising that sameness breeds sameness and that there is strength in breadth, we are committed to having a diverse and engaged workforce.

This report sets out our 2022 Gender Pay Gap reporting information for McGill and Partners UK. 2022 marked our third full year of trading and we have continued to build the business at pace, in accordance with our core principles of the Contract of Trust and being intentionally inclusive.

We are mindful of our Gender Pay Gap and that we need to continually work towards having greater female presence in senior roles within our firm. We are proud to have won the Insurance Insider Honours Award for Diversity and Inclusion in 2022 and are committed to continuing to be Changemakers in 2023.

You can read our full report here: 2022 Gender Pay Gap Report – McGill and Partners.