November
Articles matching "road traffic accidents"
Court of Appeal imposes broad direct obligation on MIB in Lewis v Tindale
Amy Jeffs and Charlie Mahoney consider the Court of Appeal's judgment in MIB v Lewis, looking at the original decision, the basis on which the MIB brought the appeal, the court's judgment, and the…
Read moreThe Vnuk legacy: claims against the MIB for accidents on private land
The combined impact of Brexit and prolific judicial activity in the field of motor insurance both in the Court of Justice of the European Union and the English and Welsh courts has brought with it…
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Successful defence of high value road traffic claim in QOCS environment
DWF has successfully acted for Aviva and their insured in a claim following a road traffic accident on a slip road where the claimant motorcyclist alleged the defendant had been negligent in slowing…
Read moreCommission proposes to clarify Motor Insurance Directive to maintain Vnuk ruling
The European Commission has released the outcome of deliberations on the operation of the scope of the Motor Insurance Directive ("the Directive") which it began following the highly publicised CJEU…
Read moreThe Supreme Court on jurisdiction and the interpretation of damage in personal injury claims abroad
The long awaited Supreme Court decision in the case of Four Seasons Holdings v Brownlie was recently handed down, but has the question of how to interpret "damage" in what is called the "tort…
Read morePedestrians: contributory negligence and causative potency
A finding contributory negligence of one third has been made against a brain injured pedestrian who failed to use a nearby pedestrian crossing. The defendant had been negligent in failing to keep an…
Read moreDepartment for Transport publishes Vnuk consultation on options for amending domestic insurance law
Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…
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Claimant cut from car sustained injuries that were inherently improbable
A Claimant, who suggested that she had been injured in a manner that was “inherently improbable”, saw her claim for personal injury dismissed, together with her claims for hire, recovery and storage.…
Read moreSupreme Court clarifies applicable law for accidents abroad involving uninsured drivers
Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or uninsured drivers.
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