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We are pleased to announce we have promoted 86 associates to senior associate and introduced a new legal director role, with 44 legal directors and 2 special counsel also promoted.
On 29 June 2021, Transport Secretary Grant Shapps MP published a Written Ministerial Statement titled European Motor Insurance Directive (Removal of Vnuk from UK law). This statement followed the previous announcement on 21 February this year of the UK Government’s decision not to follow the Court of Justice of the European Union (CJEU) decision in Vnuk v Zavarovalnica Triglav dd .
The Insurance Act 2015 came into force in August 2016, and introduced proportionate remedies which insurers can rely on in certain circumstances. An insurer can proportionately reduce the sum paid out on a claim, where an insured breached its duty of fair presentation of the risk, but its breach was neither deliberate or reckless, and the insurer would have still entered into the policy, but charged a higher premium.
On 21 February 2021 the UK Government announced it will not be following the Court of Justice of the European Union (CJEU) decision in Vnuk v Zavarovalnica Triglav dd , and so will not be extending compulsory motor insurance requirements to the use of a wider range of vehicles, including usage in areas where the public do not have access.
While England may be under a second lockdown, claims continue to emerge and develop, with some issues arising that employers and insurers should be aware of.
Case review 04-04-2019
The court have disappointingly confirmed that medical agency fees can be recoverable in public liability cases. This is despite the rules being silent on this point, and the clear attempts by some claimant solicitors to use disbursements as a way to improve their profits and game the system.
Case review 19-10-2018
The Court of Appeal has reaffirmed that, in limited circumstances, an employer will be responsible for the actions of their employees outside of the workplace and after hours.
Case review 15-09-2017
The High Court finds an employer vicariously liable for alleged sexual assaults carried out by a GP engaged as an independent contractor to examine staff.
Case review 01-12-2016
High Court finds employer is not vicariously liable for an assault during impromptu drinks after office Christmas party.