Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

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Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

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Supreme Court to hear recoverability appeal alongside dispute over who ‘won’ libel case – Litigation Futures

Posted September 13th, 2016 in appeals, costs, defamation, news, Supreme Court by sally

‘The Supreme Court has joined an appeal over the recoverability of additional liabilities in defamation cases to a long-running libel case where it is to consider which party won for the purposes of costs.’

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Litigation Futures, 12th September 2016

Source: www.litigationfutures.com

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Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

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Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

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Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Privacy at all costs? – New Law Journal

Posted September 1st, 2016 in appeals, costs, financial provision, media, news, privacy, public interest, Supreme Court by sally

‘Wyatt v Vince illustrates the growing trend towards openness of family proceedings, says Sarah Hughes.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Supreme Court refuses to hear appeal over transport to regeneration site – Local Government Lawyer

Posted August 31st, 2016 in appeals, government departments, news, railways, Supreme Court, transport by sally

‘The Supreme Court has refused to give the London Borough of Enfield permission to appeal in a dispute with the Government over the number of trains stopping near a major regeneration scheme.’

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Local Government Lawyer, 31st August 2016

Source: www.localgovernmentlawyer.co.uk

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Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Posted August 31st, 2016 in appeals, costs, defamation, fees, insurance, media, news, Supreme Court by sally

‘The Supreme Court is to return to the issue of recoverability after granting permission to appeal in a case leapfrogged from the High Court about costs in defamation.’

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Litigation Futures, 30th August 2016

Source: www.litigationfutures.com

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Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

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The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

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Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

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Panopticon, 25th August 2016

Source: www.panopticonblog.com

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

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Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

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Vulnerability after Hotak/Johnson/Kanu – Nearly Legal

Posted August 23rd, 2016 in appeals, homelessness, housing, mental health, news, Supreme Court by sally

‘Mr M had applied to Southwark as homeless. He provided a GP’s letter stating that he suffered from depression, was prescribed anti-depressants and was awaiting therapy. Soon after, Mr M’s brother was murdered and he was badly affected by this.’

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Nearly Legal, 22nd August 2016

Source: www.nearlylegal.co.uk

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Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Trans women are being forced to get divorced just to claim their pension – The Independent

‘Where an individual is recognised by the state in her passport and driving licence as a woman, why should she be required to end her marriage just to claim the pension that is rightfully hers?’

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The Independent, 11th August 2016

Source: www.independent.co.uk

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

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Free Movement, 8th August 2016

Source: www.freemovement.org.uk

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MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

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Local Government Law. 27th July 2016

Source: www.11kbw.com/blogs/local-government-law

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Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

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OUT-LAW.com, 29th July 2016

Source: www.out-law.com

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