Motor
Find out more about DWF's Motor insurance team.
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 &…
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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…
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Court of Appeal allows RTA claim to proceed against unidentified driver
The Court of Appeal has ruled that the victim of a road traffic accident can bring proceedings against an unidentified driver of an identified vehicle. Nicola Dunk examines the implications arising…
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Exaggeration of injuries sees claim dismissed under Section 57
A Claimant who suffered personal injury as a result of a road traffic accident had her claim dismissed under section 57 of the Criminal Justice and Courts Act 2015 due to fundamental dishonesty on her…
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Should there be sequential or simultaneous disclosure in credit hire claims?
Increasingly claimant firms in credit hire claims are seeking to vary standard small claims directions so as to provide for sequential exchange with, disclosure of the Defendant’s basic hire rate…
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Credit hire organisation's quest for certainty backfires
Accident Exchange Ltd (AEL) has lost two significant appeals that will have a huge impact on the credit hire industry. In McBride v UK Insurance Ltd and Clayton v EUI Ltd, the Court of Appeal…
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Failure to provide litigation services in run up to introduction of LASPO leads to claimant recovering no costs
An attempt to sign a Claimant to a CCFA that provided for a success fee in the days ahead of the implementation of LASPO failed and as a result the Claimant was unable to recover any costs. Following…
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Government step away from a ban but increase the SCT limit for RTA and EL/PL
Yesterday the government produced its response to the consultation on reforming soft tissue injury claims arising out of road traffic accidents and the proposed increase in the SCT limit to £5,000. In…
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Fixed costs - more from the Court of Appeal on their use in pre-action disclosure applications as well as a forthcoming change to the rules around operation of the regime
Pre-action disclosure applications are commonplace in EL and PL claims, but for some time parties have disputed whether fixed recoverable costs ("FRC") or hourly rate costs should be recoverable in…
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Pedestrians: 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…
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