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Article 2021-03-01
Ian Davies, who leads our motor team, responds to publication of secondary legislation to introduce the whiplash reforms on 31 May.
Article 2021-03-01
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 [2016], 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.
Article 2021-02-23
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 2021-02-11
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 2021-02-03
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 2021-01-28
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 2021-01-25
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 2021-01-19
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 2021-01-19
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 2021-01-19
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.
