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The Lloyd's Market Association (LMA), an industry body, warned that tariff-driven rises in the cost of fixing equipment and facilities may see the burden ultimately shifted to policyholders. The insurance sector is becoming ever more sensitive to trade volatility, particularly across personal-lines offerings such as motor vehicles, which rely on low-cost supplies of car parts to keep repair costs down today...
PI & Clinical Negligence weekly highlights—15 February 2024 In this issue: Road traffic accidents Clinical negligence Costs Court and the legal profession Other PI and clinical negligence news Daily and weekly news alerts Useful information New Q&As Road traffic accidents Pure economic loss and remoteness In Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the Supreme Court held that a bailee’s possessory interest in goods is sufficient to found a claim against a third party whose negligence damages those goods. The appeal succeeded: a car-hirer was entitled to sue the negligent third party in tort to recover the contractual daily loss-of-use sum owed to the vehicle owner (the bailor, hire company) arising from the damage. The court also issued succinct guidance on core principles governing negligence claims for harm to tangible property, and on the limits of remoteness. Further, the Supreme Court confirmed that once a claimant has shown that...
Justice Stephen Males in the Court of Appeal held that the claim that Marsh failed to secure appropriate motor insurance for vehicles hired overseas by Norman Hay plc staff and group companies could not be summarily rejected. The judgment observes: for a court to assess whether a breach of duty caused loss, it must be told what, specifically, the defendant ought to have done. Males J indicated that further detail is required about the brief given to Marsh, the obligations it assumed, and whether a competent broker in Marsh’s position should have offered different advice on the availability of non-owned motor cover. Norman Hay contends that Marsh, whether negligently or in breach of contract, failed to appreciate that the chemical group’s senior employees needed adequate liability insurance when travelling on business abroad...
This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...
Hackney carriages and private hire vehicles A ‘hackney carriage’ means a vehicle authorised to ‘ply for hire’, namely to offer a taxi service and stand on taxi ranks awaiting passengers. See the Practice Note: Taxi licensing. Plying for hire without a hackney carriage licence is an offence under section 45 of the Town Police Clauses Act 1847 (TPCA 1847). Touting for car hire services constitutes an offence by virtue of section 167 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). See Practice Notes: Taxi touting or soliciting for hire, and Taxi and private hire vehicles enforcement. A ‘private hire vehicle’ is defined at section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976) as ‘a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle, or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers’. A ‘private hire vehicle’ must not...
This Practice Note explores the following data protection, privacy and security matters arising in connection with the use of autonomous and connected vehicle technology: The technology Declaration of Amsterdam Cooperative Intelligent Transport Systems (C-ITS) United Kingdom General Data Protection Regulation Privacy and Electronic Communications Regulations 2003 Cybersecurity The Product Security and Telecommunications Infrastructure Act 2022 Connected and autonomous vehicles in the EU International Practical issues For further detail and context on additional UK legal considerations linked to this technology, see the Practice Notes: Autonomous vehicles—key legal issues and Autonomous vehicles and insurance, and for a concise overview of dates and key points, see: UK automated vehicles—tracker. To monitor developments within the EU, also consult the Practice Notes: Automated vehicles—key legal issues in the EU and EU automated vehicles—tracker. The technology Contemporary vehicles already incorporate a suite of external communications, such as satellite navigation, in-car entertainment and emergency assistance, capable of automatically transmitting precise...
3 Licence The Licensor permits the Licensee, during the Designated Hours, to use the Pitch for the stated purpose and the Car Park and Changing Rooms for related use, with shared access over the Accessways provided no obstruction occurs. 4 Licensee's obligations Pay the Licence Fee in advance and a fair share of Utilities and other recurring outgoings, provide the Deposit, and return any keys or meet replacement costs. Make good damage, keep areas clean, bring only permitted equipment, maintain suitable insurance, comply with Legislation and the Licensor’s regulations, avoid nuisance and unauthorised signage, and do not impede the Licensor. 5 Condition of the Pitch The Licensor maintains the Pitch and determines fitness for play; no refund applies if play cannot proceed. 11 Termination For material breach the Licensor may terminate with immediate effect, and all sums remain payable to the end of the Licence Period. 13 Liability excluded So far as permitted, the Licensor is...
[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] AT [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim no. Parties AB – Claimant (1) C D – First Defendant (2) X Y INSURANCE PLC – Second Defendant PARTICULARS OF CLAIM Throughout the relevant period, the Claimant was the owner and driver of a [ insert description of vehicle ], [ insert registration ] (“the car”), whilst the First Defendant was driving a [ insert description of vehicle ], [ insert registration ] (“the van”). For all material times, the van benefited from a motor insurance policy issued by the Second Defendant (“the policy”). Consequently, the Claimant is entitled to, and does, pursue the Second Defendant under the European Communities (Rights against Insurers) Regulations 2002 (“the Regulations”). The Claimant understands that the Second...
This Precedent is a template advisory letter for an employee about a draft settlement agreement, intended to be customised to match the settlement terms and the particular client specifically. It proceeds on the basis that the Precedent Settlement agreement (employment) (long form) is being used. It explains the effect of the agreement and guides the employee through the provisions it contains in detail. [ insert name and address of client ] Private and confidential Dear [ insert name ] Draft settlement agreement with [ name of employer ] I enclose a draft settlement agreement [ drafted by your employer’s solicitors ] for your consideration. You will notice that [ there are a number of options for you to consider and ] certain sections appear in square brackets. Please get in touch promptly once you have had the chance to review the draft so that we can finalise it. I outline below the matters you should consider in relation to the various clauses set out within...