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Article 23/02/2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
News 11/02/2021
The fourth edition of our most popular guide for claims handlers has launched, helping empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers
Article 03/02/2021
In 2020 we saw both pandemic and non-pandemic related amendments to the Civil Procedural Rules (CPR) and a general shift in how personal injury cases are managed by both the courts and solicitors. Looking ahead to 2021, what further changes might we expect to reflect this new way of working?
Article 28/01/2021
In our 27th and final Motor Wednesday webinar of 2020, held in December, we reflected on some of the key impacts of COVID-19 on motor claims. As well as considering key impacts of the global pandemic, we discussed other important developments including those relating to Brexit, the Whiplash Reforms, MoJ Portal claims, alternative dispute resolution, fundamental dishonesty findings and tomorrow’s vehicles.
Article 25/01/2021
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.
Article 19/01/2021
Until and unless the European Commission confirms the UK’s continued participation in the Green Card Free Circulation Area (GCFCA), from 1 January 2021 all UK based motorists will need to be issued with a ‘green card’ when driving abroad in any of the 30 European Economic Area (EEA) countries, as well as in Andorra, Bosnia and Herzegovina, Serbia and Switzerland.
Article 19/01/2021
The Fourth Motor Insurance Directive required European Community nationals living outside the home country of the defendant motorist to have the right to sue the motor insurer directly. The benefits for the claimant were that is was often much easier to identify and serve proceedings on the insurer than to find the driver; and a judgment can be enforced directly against the insurer.
Article 19/01/2021
The European regime generally applied in matters where the defendant was domiciled in one of the Member states of the European Union. The United Kingdom withdrew from the EU at 23:00 on 31 December 2020 which means Brussels I Recast (Regulation (EU) No 1215/2012) and Lugano Convention 2007 no longer apply.
Article 19/01/2021
Civil claims with a European cross border element have been commonplace for years, whether as a result of accidents involving European drivers in the UK or UK nationals being involved in accidents in Europe. Those involved in the handling of the resultant claims will be well versed in the regime set out by Brussels I Recast Regulation and Rome II. There were some occasional exceptions to keep us on our toes but generally there was a logic as to where claims could be brought, whether an insurer could be sued directly and which law applied.
Article 11/01/2021
In a statement made today, the Lord Chancellor and Secretary of State for Justice has confirmed that implementation of the Whiplash Reform Programme has been pushed back to May 2021.
