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Case review 17/07/2019
Following the hearing of the defendant’s appeal in the Birmingham County Court, the decision of His Honour Judge Murdoch was handed down today (17 July 2019), providing much needed clarity on how courts ought to approach incorrect figures being transcribed in the Court Proceedings Pack (CPP).
A round-up of recent court decisions raising issues relating to, ‘exceptional circumstances’ and fixed costs, declarations to avoid a policy, ‘use’ of a vehicle, claims against unidentified drivers, and interim payments.
Case review 25/04/2019
The Supreme Court has made a welcomed decision in confirming that a vehicle being repaired on private property is not being ‘used’. The court clarified that whilst the meaning of a motor policy, which does not purport to provide additional cover, makes it necessary to read words into it - the extension of what is expressly provided is to that which the Road Traffic Act 1988 requires, but no more.
A round up of recent court decisions raising issues relating to fraudulent claims, agreements on costs, the strict application of limitation, the scope of the MIB’s liability, and the meaning of the vehicle insured for the purposes of the policy.
The Civil Liability Bill passed the Lords without amendment on 20 November 2018 and will become law as soon as it is granted Royal Assent.
Case review 16/10/2018
A recent MOJ Portal case has confirmed that where a claimant fails to attach documents at the issue of Stage 3 proceedings in the portal process the claim should be dismissed. On dismissal the damages and costs paid at Stage 1 and 2 are to be repaid.
Case review 20/08/2018
Hislop provides a welcome clarification to costs following late acceptance of Part 36 offers in low value claims. It confirms that fixed costs will apply but for exceptional circumstances. This is certainly good news but what does it mean in practice?
A round up of recent court decisions raising issues relating to exaggerated claims, permission for care practitioners evidence, Part 36 fixed costs, and equitable liens.
The Claims Portal was established in 2010, dealing only with claims in road traffic accidents (RTA) valued up to £10,000. Now in its eighth year, the Portal has been extended both vertically and horizontally – covering low value personal injury RTA, employers’ liability and public liability claims up to £25,000.
As the inquests for the terrorist attacks in Westminster and London Bridge move through their preliminary stages motor insurers have acted to mutualise the risks.