Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

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CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures

Posted April 25th, 2016 in appeals, costs, damages, fees, insurance, news, road traffic, small claims by sally

‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’

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Litigation Futures, 22nd April 2016

Source: www.litigationfutures.com

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Court of Appeal orders retrial over aggregation of claims against solicitors – Legal Futures

Posted April 19th, 2016 in appeals, insurance, law firms, news, retrials, solicitors by sally

‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’

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Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

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Court heaps landmark contempt sentence on whiplash cheat – Litigation Futures

‘A semi-professional footballer who brought a fake whiplash claim has suffered twice over after a four-month suspended sentence for contempt was heaped on an £11,000 costs order for bringing a fundamentally dishonest claim.’

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Litigation Futures, 19th April 2016

Source: www.litigationfutures.com

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Court of Appeal orders retrial over aggregation of claims against solicitors – Legal Futures

Posted April 15th, 2016 in appeals, contracts, indemnities, insurance, law firms, news, retrials, third parties by tracey

‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’

Full story

Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

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Howe v Motor Insurers’ Bureau – WLR Daily

Howe v Motor Insurers’ Bureau [2016] EWHC 640 (QB)

‘Regulation 13(1) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 provides: “(1) This regulation applies where— (a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA state, occurs on the territory of— (i) an EEA state other than the United Kingdom, or (ii) a subscribing state, and an injured party resides in the United Kingdom, (b) that injured party has made a request for information under regulation 9(2), and (c) it has proved impossible— (i) to identify the vehicle the use of which is alleged to have been responsible for the accident, or (ii) within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle.”’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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New flood protections give rise to conveyancing fears – Law Society’s Gazette

Posted April 5th, 2016 in conveyancing, insurance, news, water by sally

‘New flood protections for homeowners will make the conveyancing process more complex, solicitors have been warned.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

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Court of Appeal case: Gentry v Miller & UKI [2016] EWCA Civ 141 – Park Square Barristers

Posted March 22nd, 2016 in appeals, default judgments, delay, fraud, insurance, news by sally

‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’

Full story

Park Square Barristers, 14th March 2016

Source: www.parksquarebarristers.co.uk

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Couple win £38,000 payout after council refuses to chop down tree which damaged their home – Daily Telegraph

Posted March 22nd, 2016 in damages, housing, insurance, local government, news, trees by sally

‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

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Legal expenses insurance tax hike is yet another barrier to justice – The Bar Council

Posted March 21st, 2016 in barristers, budgets, costs, expenses, fees, insurance, press releases, taxation by tracey

‘The Bar Council has warned that the Chancellor of the Exchequer’s Budget announcement that the Insurance Premium Tax will go up yet again is another barrier for hardworking individuals and families seeking justice.’

Full press release

The Bar Council, 18th March 2016

Source: www.barcouncil.org.uk

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Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

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Daily Mail loses challenge to recoverable ATE – but success fee uncertainty heads to Supreme Court – Litigation Futures

Posted March 17th, 2016 in appeals, costs, fees, freedom of expression, insurance, media, news, Supreme Court by tracey

‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’

Full story

Litigation Futures, 15th March 2016

Source: www.litigationfutures.com

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Court of Appeal teaches insurer “harsh” lesson on relief from sanctions – Litigation Futures

Posted March 11th, 2016 in appeals, default judgments, delay, fraud, insurance, news, sanctions by tracey

‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’

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Litigation Futures, 10th March 2016

Source: www.litigationfutures.com

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Judge rejects NHSLA challenge to medical negligence ATE premium – Litigation Futures

Posted March 1st, 2016 in costs, health, insurance, negligence, news by sally

‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’

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Ligitation Futures, 29th February 2016

Source: www.litigationfutures.com

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Sharing the Spoils – Tanfield Chambers

Posted February 24th, 2016 in covenants, insurance, interpretation, landlord & tenant, leases, news by sally

‘It is not uncommon for a lease to impose an obligation on one party or another to insure the subject property against the usual insured risks. But difficult questions can arise when the party placing the insurance is not the party in occupation. When and to what extent can the proceeds be shared? And what impact does such an arrangement have on damage caused by the occupier’s negligence?’

Full story

Tanfield Chambers, 9th February 2016

Source: www.tanfieldchambers.co.uk

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Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

Full story

Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

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Tenants saved from ‘flood’ of money claims for insured losses – Hardwicke Chambers

Posted February 23rd, 2016 in insurance, landlord & tenant, news by sally

‘The High Court delivered judgment last Friday in Fresca-Judd v Golovina, a test case raising important questions on tenants’ liability for damage to property. Katrina Mather assisted with this case during her twelve month pupillage, and has set out a useful summary of the case, and the issues that flow from it.’

Full story

Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

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Savers pay hundreds for bank account mis-selling claims rejected by ombudsman – Daily Telegraph

‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’

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Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

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City watchdogs investigate financial age discrimination – Daily Telegraph

‘The FCA may for the first time create special rules to protect the interests of the elderly.’

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Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

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Su-su-subrogation – Nearly Legal

Posted February 18th, 2016 in housing, insurance, landlord & tenant, news by sally

‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’

Full story

Nearly Legal, 16th February 2016

Source: www.nearlylegal.co.uk

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