E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building

Posted May 18th, 2022 in accidents, bills, chambers articles, insurance, news, road traffic by sally

‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’

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Farrar's Building, 16th May 2022

Source: www.farrarsbuilding.co.uk

New Acts – legislation.gov.uk

Posted May 6th, 2022 in animals, disabled persons, education, insurance, legislation by tracey

2022 c. 25 – Motor Vehicles (Compulsory Insurance) Act 2022

2022 c. 23 – Subsidy Control Act 2022

2022 c. 21 – Skills and Post-16 Education Act 2022

2022 c. 19 – Animals (Penalty Notices) Act 2022

2022 c. 18 – Down Syndrome Act 2022

Source: www.legislation.gov.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

Companies fined for marketing calls targeting elderly – BBC News

Posted March 16th, 2022 in consumer protection, elderly, fines, insurance, news, ombudsmen, telecommunications by tracey

‘Five companies who made thousands of unwanted marketing calls to “older, vulnerable people” must pay fines totalling £405,000.’

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BBC News, 16th March 2022

Source: www.bbc.co.uk

Woman in Mike Hill case may sue Commons over compensation – The Guardian

‘A woman who was repeatedly sexually assaulted and harassed by a former Labour MP is considering suing the House of Commons for failing to ringfence money that could cover her compensation.’

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The Guardian, 13th March 2022

Source: www.theguardian.com

Carriageways, footways and standards of maintenance – Local Government Lawyer

‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’

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Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

Surely, I’m Insured?! Is a defendant insured only when sure the insurer will pay out? – Gatehouse Chambers

‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’

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Gatehouse Chambers, 28th October 2021

Source: gatehouselaw.co.uk

SRA needs “radical rethink” to change disproportionate focus on BAME solicitors – Legal Futures

‘The Solicitors Regulation Authority (SRA) needs to rethink its approach radically to tackle the “grimly entrenched” problem of ethnic minority solicitors being over-represented in its enforcement work, it is argued today.’

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Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

Judges can rely on solicitors’ emails to assess credit hire losses – Legal Futures

Posted September 30th, 2021 in accidents, electronic mail, insurance, news, road traffic, taxis, witnesses by sally

‘Taxi drivers forced to hire new cars after road traffic accidents do not need to set out their credit charges in witness statements as emails from their solicitors will suffice, a judge has ruled.’

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Legal Futures, 30th September 2021

Source: www.legalfutures.co.uk

Data breach ruling “could stem” tide of claims – Legal Futures

Posted August 31st, 2021 in computer crime, data protection, insurance, news by sally

‘A High Court ruling on a low-value data breach claim may stop claimants recovering after-the-event (ATE) insurance premiums in cases involving cyber-attacks, information law specialists have argued.’

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Legal Futures, 31st August 2021

Source: www.legalfutures.co.uk

Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

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Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

Beyond Visual Line of Sight (BVLOS) Drone use is coming. What should Insurers be Doing? – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, aircraft, chambers articles, insurance, news by sally

‘Articles that set out to consider the hidden costs of new technology often seek to catch the eye by starting with a vivid description of a recent near-miss. Nothing is as effective an antidote to entrepreneurial optimism as hard evidence of a disaster narrowly avoided.’

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12 King's Bench Walk, 27th July 2021

Source: www.12kbw.co.uk

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Insurers must not penalise loyal customers, says FCA – BBC News

‘People renewing their home or motor insurance will pay no more than they would as a new customer from January. The new rules have been confirmed by the City regulator, the Financial Conduct Authority (FCA), following years of complaints.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

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UKSC Blog, 21st May 2021

Source: ukscblog.com

Alerter by Ben Norton – Meaning of ‘deliberate’, ‘concealment’ and ‘breach of duty’ under s.32 Limitation Act 1980 – Henderson Chambers

Posted April 15th, 2021 in consumer credit, insurance, limitations, news by sally

‘Ben Norton considers the meaning of “deliberate”, “concealment” and “breach of duty” under s.32 Limitation Act 1980 in the context of the Consumer Credit Act’s unfair relationship provisions following Canada Square Operations Ltd v Potter.’

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Henderson Chambers, 19th March 2021

Source: www.hendersonchambers.co.uk