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The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019

Articles | 3rd Jul 2019

New regulations mean that, as of 1 November 2019, insurers will no longer be able to rely on post-accident declarations of avoidance to save them from satisfying judgments obtained against their insureds. Under s. 151 of the Road Traffic Act 1988 (“RTA 1988”), victims of car accidents who get a judgment in their favour can […]

Lost chances and lost cases: Hanbury v Hugh James Solicitors

Articles | 26th Jun 2019

The latest word on “loss of a chance” discounting in lawyers’ negligence claims comes from the recent decision of Mrs Justice Yip in Hanbury v Hugh James Solicitors [2019] EWHC 1074 (QB). The judgment involves an interesting consideration of the extent to which uncertainties in the underlying claim should be reflected in “multiple discounting”. Mr […]

Jack Macaulay – case insight on Patel: fundamental dishonesty and section 57

Articles | 24th May 2019

Patel v Arriva & Zurich [2019] EWHC 1216 (QB) is a new addition to the growing body of reported decisions on s.57 of the Criminal Justice and Courts Act 2015. By way of recap, s.57 provides that a court must dismiss a personal injury claim in its entirety where the Claimant has been “fundamentally dishonest”. […]

Are liquidated damages payable even when the contractor does not complete the works?

Articles | 8th Mar 2019

Following Sir Rupert Jackson’s judgment in Triple Point Technology Inc v PTT Public Co. Ltd, the short but hardly definitive answer to the question I’ve posed is, it all depends on the precise wording of the liquidated damages (LDs) clause. Triple Point Technology Inc v PTT Public Company Ltd Triple Point was a supplier of […]

Court rules on appropriateness of periodical payments order in asbestos case

Articles | 1st Mar 2019

William Vandyck, interviewed by Kate Beaumont of LexisNexis, says those advising in living mesothelioma cases involving a claim for future costs of medical treatment should be aware of this indication as to how the court will deal with such claims. To read the full interview, please click here. This article was first published on Lexis®PSL […]

Court considers failure to serve medical report in personal injury case

Articles | 1st Mar 2019

Robert O’Leary, interviewed by Kate Beaumont of LexisNexis, advises that what appeared to be mandatory requirements in all personal injury claims will not necessarily be applied as rigorously in complex cases. To read the full interview, please click here. This article was first published on Lexis®PSL Personal Injury on 12 December 2018.


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