Motor
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…
Read more
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…
Read more
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…
Read more
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…
Read more
Government to toughen sentences for drivers who kill or seriously injure
Following its consultation from late last year, the government has confirmed its intention to impose tougher sentences on drivers who kill or seriously injure as a result of bad driving.
Read more
Hire claim struck out due to claimant's failure to mitigate losses and claimant ordered to pay the Defendant's costs
A Claimant who had turned down an offer to pay repair costs, had his claim for hire in the sum of nearly £30,000 dismissed as he had failed to mitigate his losses and whilst the Claimant successfully…
Read more
Ambushed! Late disclosure of surveillance evidence
In a defendant's application for permission to rely on surveillance evidence heard a month before trial, the court found that the claimant had not been ambushed and the defendant was allowed to rely…
Read more
No right to repayment of costs paid at Stage 1 of Portal process
Insurers are unable to recover the costs that they had paid on cases that were submitted to the Portal, but did not go any further than Stage 1. Delivering the judgment of the Court of Appeal in J C &…
Read more
QOCS dis-applied where Claimant's conduct obstructed the just disposal of proceedings
A Claimant who had been pestered to bring a claim for personal injury under the QOCS regime, following a road traffic accident and subsequently discontinued her claim, had the Notice of Discontinuance…
Read more