Following the Supreme Court cases around this time last year – Cameron v Hussain & LV and, perhaps more pertinently, UK Insurance v R&S Pilling – it might have been thought that the meaning of the short but critical word “use” in the context of road traffic accidents and insurance was settled. The point however was tested again very recently in the High Court in Carroll v Taylor & others.
This piece is an update about yesterday’s judgment on the cross-border jurisdiction points at issue in the claim we outlined previously on the blog on 21 January 2020. One key question was stayed – that being jurisdiction in non-contractual claims featuring joinder of the foreign insured to a direct claim against the foreign insurer – given that the point is already before the CJEU in a different case. Although the remaining live jurisdictional arguments went against us, there is much in the 24 page judgment that is worth closer review.
The European Union (Withdrawal Agreement) Bill concluded its passage through Parliament on Wednesday and received Royal Assent yesterday. It is now an Act which sets out the terms on which the UK will leave the EU next week, on 31 January. It might be thought ironic in the circumstances that French language – albeit from the Norman era and meaning ‘the Queen wills it’ – is still used to signify this final legislative formality. An important provision of the Act concerns the interaction of the key dates of “exit day” and “implementation period completion day”.