‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’
Law Society's Gazette, 7th July 2017
Source: www.lawgazette.co.uk
‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’
Park Square Barristers, 27th June 2017
Source: www.parksquarebarristers.co.uk
‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.
Park Square Barristers, 29th June 2017
Source: www.parksquarebarristers.co.uk
‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’
Park Square Barristers, 19th June 2017
Source: www.parksquarebarristers.co.uk
‘Lorries that are illegally polluting the atmosphere via emission “cheats” face a crackdown, with random checks beginning in August.’
Daily Telegraph, 25th June 2017
Source: www.telegraph.co.uk
S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)
‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’
WLR Daily, 18th May 2017
Source: www.iclr.co.uk
‘Environmental lawyers are taking the government to the high court for a third time in a bid to remove “major flaws” from minister’s plans to tackle the UK’s illegal levels of air pollution.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘More than 200 drivers a day were caught using their mobile phones illegally in the wake of a crackdown on the practice.’
The Guardian, 29th May 2017
Source: www.theguardian.com
‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’
Litigation Futures, 16th May 2017
Source: www.litigationfutures.com
‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’
The Guardian, 2nd May 2017
Source: www.guardian.co.uk
‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’
Local Government Lawyer, 3rd April 2017
Source: www.localgovernmentlawyer.co.uk
‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’
Legal Futures, 21st March 2017
Source: www.legalfutures.co.uk
‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’
Legal Futures, 17th march 2017
Source: www.legalfutures.com
‘As Flax LJ neatly states at the beginning of his leading unanimous Judgment, “These two appeals are the latest round in the long-running battle between the motor insurance market and the credit hire companies”. Both appeals concerned the question of the correct approach to the assessment of damages in respect of a pecunious claimant.’
Zenith PI Blog, 16th March 2017
Source: www.zenithpi.wordpress.com
‘Nottingham City Council has failed in a High Court challenge to the Bus Lane Adjudicator’s decision that the local authority’s road signs for a pedestrian zone failed to provide adequate information to road users of a bus lane.’
Local Government Lawyer, 10th March 2017
Source: www.localgovernmentlawyer.co.uk
‘Three men involved in a “cash for crash” scam which killed an 88-year-old woman in Leeds have been convicted.’
BBC News, 27th February 2017
Source: www.bbc.co.uk
‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’
Litigation Futures, 23rd February 2017
Source: www.litigationfutures.com
‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’
OUT-LAW.com, 23rd February 2017
Source: www.out-law.com
‘The UK Government’s response to last year’s consultation on driverless cars concluded that the current approach of rolling regulatory reform was the right one, giving the flexibility to adapt to technological change and enabling innovation in a step-by-step way. The focus should be on technologies that are near to market, working to facilitate their safe introduction to UK roads.’
Technology Law Update, 22nd February 2017
Source: www.technology-law-blog.co.uk
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