Motor
Find out more about DWF's Motor insurance team.
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…
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The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
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Supreme Court provides guidance on Road Traffic Act and policy interpretation
The Supreme Court has unanimously allowed the motor insurer's appeal in R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd. The decision provides welcome clarity on the scope of the Road Traffic…
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Failure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
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MID reform – the journey continues as European Parliament points to pragmatic solution
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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Cameron v Hussain: Supreme Court allows insurer's appeal
In 2017 we reported on the Court of Appeal decision in Cameron v Hussain. Today the Supreme Court handed down the hotly anticipated judgment in the appeal of that decision. The Supreme Court upheld…
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Costs: Claimant bound by settlement terms reached at stage 2 of the MoJ portal
Richard Welsh, Senior Associate in DWF's Leeds office acted for Ageas Insurance Limited in relation to a matter proceeding under the MOJ portal for low value personal injury claims, in which Ageas…
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£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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