John Meredith-Hardy’s blog on legal issues of significance and importance in the areas of his practice as a barrister.
XYZ v Travelers Insurance Co Ltd [2019] UKSC 48
Significance: s.51 non-party costs orders against insurers Held: a non-party costs order could be made against a liability insurer under the Senior Courts Act 1981 s.51 on the basis that the insurer had become the real defendant to a claim that fell within the cover...
West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220
Significance: New guidance on proportionality Facts: The CA were considering ATE premiums in clinical negligence claims and as an aside "clarified" the CA's position on proportionality at detailed assessment. Held: The procedure on detailed assessment was:- (a) Stage...
New discount rate of -0.25% from 15.7.19
On 15 July 2019, the Lord Chancellor announced that the new Personal Injury Discount Rate will be set at minus 0.25%, following a consultation process and as set out within the Civil Liability Act 2018 -...
Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019
Significance: r.6(2) sees the end of s.152 declarations - the regulations apply to any declarations obtained after 1.11.19 (r.8). Consequently, RTA 1988 s.152(2) still applies in its pre-amended form to declarations sought and obtained before 1.11.19
MIB v Lewis [2019] EWCA Civ 909
Significance: MIB responsible for government failure to institute a full compulsory RTA insurance Facts: C was walking on private land. The farmer who owned the land assumed that C was up to no good and decided to chase him in his 4x4. He drove along a public...
Colley v Shuker [2019] EWHC 781
Significance: one of the last s.152 declarations cases prior to the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 Facts: s.152 declarations & seeking to set aside Held: the application to set aside a s.152(2) declaration was...
UK Insurance v Holden [2019] UKSC 1
Significance: road traffic insurance means road traffic insurance Facts: Mr Holden undertook welding work to his own car at his employer’s premises with their consent. There was a RTA UKI policy of insurance in force for the vehicle at the time Whilst the welding was...
Cameron v Liverpool Insurance Co Ltd (MIB Intervening) [2019] UKSC 6
Significance: claims against unidentified claimants were not to be permitted Held: Lord Sumption held that service against an unnamed driver is not permissible because of the fundamental requirement that the mode of service adopted can reasonably be expected to bring...
Bluebon Ltd v Ageas (UK) Ltd (Formerly Fortis Insurance Ltd) [2017] EWHC 3301 (15.12.17)
Significance: Interpretation and legal effect of a warranty for five yearly electrical installation inspections. Facts: A policy of insurance for a hotel included an "electrical installation inspection warranty". The issue arose as to whether the every five year...
Rodrigues de Andrade v Proença Salvador (Case C-514/16) [2018] 4 WLR 75
Significance: another Vnuk related case Held: compulsory vehicle insurance was not required for a stationary tractor being used to generate, as a machine for carrying out work, the motive power necessary to drive the pump of a herbicide sprayer, and not being used as...
Farrell v Whitty [2017] ECJ Case C-413/15 (10.10.17)
Significance: A finding that MIBI was an emanation of the state giving rise to directives that had direct effect but had not been transposed into national law being enforceable against MIBI. As MIBI is similar to the MIB, the judgment is opens up similar arguments in...
Southern Rock Insurance Co Ltd v Hafeez [2017] CSOH 127 (10.10.17)
Significance: An interesting analysis of the complications arising for insurers when insurance is purchased through price comparison websites and consequently the difficulty of proving that an inaccurate answer had been given to a direct question. Facts: A Scottish...