by John Meredith-Hardy | Oct 30, 2019 | Blog, Insurance
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...
by John Meredith-Hardy | Jul 17, 2019 | Blog, Costs
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...
by John Meredith-Hardy | Jul 15, 2019 | Blog, Insurance, Personal injury
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 –...
by John Meredith-Hardy | Jun 24, 2019 | Blog, Insurance
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
by John Meredith-Hardy | Jun 5, 2019 | Blog, Insurance
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 4×4. He drove along a public...
by John Meredith-Hardy | Mar 28, 2019 | Blog, Insurance
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...
