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Introduction
Welcome to this edition of our motor update, an easy and
convenient way for insurers, fleet operators and all those with an
interest in motor claims to keep up-to-date with legal
developments. We hope you will find the articles in this issue
useful.
Should you require any further information on any of the
articles in this edition, please feel free to contact us. We would
also be very pleased to hear from you with any views you have in
relation to the update.
Change to rules on service
The October update to the Civil Procedure Rules (CPR) includes a
revised version of Part 6 with significant changes to the rules on
service and particularly those dealing with service of the claim
form. The revised rules change provisions on:
- Service on ‘last known address’
- Time for service of a claim form
- Methods of service, and deemed dates
Ministry of Justice response on fast track process
The Ministry of Justice (MoJ) finally set out its intended
reforms to the fast track towards the end of July. While there is
widespread disappointment in relation to their limited scope, the
reforms will have a significant impact on those handling motor
claims.
Click here to read our update on the
reforms.
Update
We cover six main areas in this issue of motor update
(as below), with a number of relevant articles under each topic.
Please click on the corresponding links to read more.
Large loss claims
- Accounting for state funded care: the latest case law on
indemnities
- The future of the single resident carer
- Thompstone appeal dropped – the implications for
defendants
Click here to read these articles in
full
Costs update
- Review of costs and ‘no win no fee’ research announced
- Staged ATE premiums – the need for notice
- Predictive costs – court refuses to look at BTE
Click here to read these articles in full
Procedure
- New part 36 test means that a ‘win’ will not always be
enough
- Court of Appeal ruling on time limits for untraced agreement
claims
Click here to read these articles in full
Liability and contrib.
- Overtaking: apportionment of liability between drivers
- Extent of driver’s duty in accidents involving pedestrians
Click here to read these articles in
full
Credit hire update
- Latest caselaw on disclosure of documents in credit hire
claims
Click here to read these articles in full
Fraud update
- Using a claimant’s past behaviour to undermine a claim
- Recovering costs from dishonest witnesses
Click here to read these articles in full
Training diary
Browne Jacobson will be providing advice, support and training
relating to the MoJ reforms to the process for motor claims. To
find out more please contact Simon Robinson