Drugs, damages and distinguishing Delaney

Earlier this month, the Court of Appeal again examined the legal consequences of an injury to a passenger caused by the driving of a uninsured car that was being used to supply drugs. The same Court had, in Delaney v Pickett in 2011, held that a particular clause in the MIB’s agreement operated to bar a civil claim for damages in such circumstances. In the current case, it also barred the claim for damages but for a quite different reason.  Continue reading

London, Paris, Rome: another key case on applicable law

A decision of the High Court in London in late November in a claim arising from an accident in Paris further develops our understanding of Rome II, the EU regulation which sets out the rules for deciding which substantive national law should apply to tort claims involving foreign elements.

In this case, the judge had to decide on the law applying to claims arising from a fatal motorway traffic accident outside Paris in summer 2012 that involved a French uninsured driver (and hence the UK MIB as proxy for its French counterpart), the English owner and passenger (who was killed in the accident) of a broken-down English-registered Fiesta, and a French recovery truck.

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Second thoughts about late payment? Probably not…

The Enterprise Bill 2015/16 was debated at second reading in the Lords on 12 October. Provisions in the Bill (discussed here by my colleague David Hertzell) will introduce a new remedy against insurers: damages for failure to pay policyholders’ valid claims within a reasonable time. This remedy had been recommended by the Law Commission in its review of insurance contract law, but was not taken forward in the Insurance Act 2015 due to some controversy surrounding it. The recent speeches in the Lords suggest that the arguments could yet be further developed as the Enterprise Bill proceeds.

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