Supreme Court: No right to sue untraced driver – Litigation Futures
‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’
Litigation Futures, 20th February 2019
Source: www.litigationfutures.com
Category: insurance
Private AI – claims against approved inspectors – Practical Law: Construction Blog
‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.
To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’
Practical Law: Construction Blog, 11th February 2019
Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures
‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’
Legal Futures, 14th January 2018
Source: www.legalfutures.co.uk
Change in regulation of claims management companies – OUT-LAW.com
‘The Financial Conduct Authority (FCA) will become responsible for the regulation of claims management companies in Great Britain from April this year in a move broadly welcomed within the insurance sector. Legislation implementing the reforms provides some details on how the new regime will work.’
OUT-LAW.com, 7th January 2019
Source: www.out-law.com
MoJ calls for evidence on new personal injury discount rate – Litigation Futures
‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
Grindr cheat pharmacist guilty of wife’s murder – BBC News
‘A pharmacist who strangled his wife with a Tesco bag so he could start a new life with his boyfriend has been found guilty of murder.’
BBC News, 4th December 2018
Source: www.bbc.co.uk
Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog
‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’
Practical Law: Construction Blog, 23rd November 2018
Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog
‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’
Practical Law: Construction Blog, 19th November 2018
New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog
‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’
UKSC Blog, 31st October 2018
Source: ukscblog.com
Firm terminated retainer “without notice or good reason” – Litigation Futures
‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’
Litigation Futures, 31st October 2018
Source: www.litigationfutures.com
Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures
‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’
Litigation Futures, 22nd October 2018
Source: www.litigationfutures.com
High Court: secondary sanctions no grounds to avoid insurance policy – OUT-LAW.com
‘An insurer could not rely on a sanctions-related exclusion clause to resist paying out on a marine insurance policy in the context of the impending reinstatement of US secondary sanctions against Iran, the High Court has ruled.’
OUT-LAW.com, 22nd October 2018
Source: www.out-law.com
MIB ordered to pay out for injury suffered on private land – Litigation Futures
‘The Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled.’
Litigation Futures, 4th October 2018
Source: www.litigationfutures.com
Consumer loyalty ‘rip off’ faces probe – BBC News
‘The accusation that loyal customers are being “ripped off” for mobile, broadband, savings, home insurance and mortgage deals is to be investigated by the competition body.’
BBC News, 28th September 2018
Source: www.bbc.co.uk
Woman pretended daughter was injured in Manchester attack for insurance claim – The Independent
‘A woman who pretended her fake daughter was injured in the Manchester attack to make an insurance claim has been jailed for fraud. Susan Pain, who worked in insurance herself, posed as a dentist and said her daughter “Sophie” had sustained serious injuries needing two operations following the bombing that left 22 people dead last year. But AXA could not trace a victim under the name given in the £2,500 claim for loss of earnings, and alerted the police after uncovering years of false claims by Pain.’
The Independent, 19th September 2018
Source: www.independent.co.uk
Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog
‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’
Zenith PI Blog, 18th September 2018
Source: zenithpi.wordpress.com
Shadow justice secretary hits out at Civil Liability Bill – Legal Futures
‘The shadow justice secretary has ripped into the Civil Liability Bill, saying Labour will vote against it as it stands.’
Legal Futures, 4th September 2018
Source: www.legalfutures.co.uk
Temperature starts to rise ahead of Civil Liability Bill debate – Legal Futures
‘The rhetoric is heating up ahead of the second reading of the Civil Liability Bill in the House of Commons next week, with the Motor Accident Solicitors Society (MASS) and Association of British Insurers (ABI) both speaking out yesterday.’
Legal Futures, 30th August 2018
Source: www.legalfutures.co.uk
High Court gives whiplash contempt proceedings green light – Litigation Futures
‘A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two dishonest former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.’
Litigation Futures, 13th August 2018
Source: www.litigationfutures.com
