Motor
£6.6 million personal injury claim falls away due to fundamental dishonesty
DWF has obtained a significant reduction in a substantial claim for damages, raising arguments of fundamental dishonesty. Whilst the claimant had genuinely suffered a serious hip fracture, the…
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Motoring on - the bumpy road to MID reform
In May 2018 the European Commission published its legislative proposal for changes to the EU rules on motor insurance. This followed its 2017 REFIT consultation which sought views on updating a number…
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The 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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Infant pedestrians: can you blame the parents?
In Ellis v Kelly (2018) the court declined to make a finding of contributory negligence against an 8 year old boy involved in a road traffic accident and dismissed the contribution claim against his…
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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…
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An unconvincing performance in a plotline full of holes
DWF has successfully obtained a finding of fundamental dishonesty against a claimant who was found to have fabricated the vast majority of a personal injury claim for £850,000 following what was…
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Commission 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…
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The 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…
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Scotland Update
For further information please contact Andrew Lothian, Head of General Insurance (Scotland) on 0131 474 2305, Caroline Coyle, Associate, Professional Support Lawyer Insurance on 0141 228 8132 or Jill…
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