Motor
Find out more about DWF's Motor insurance team.
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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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.
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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…
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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…
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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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