Samuel David

This Practice Note considers the Motor Insurers’ Bureau (MIB) 2015 Uninsured Agreement which applies where the accident occurred on or after 1 August 2015. Claimants wishing to recover compensation under the Uninsured Agreement 2015 should pursue a recovery against the uninsured driver. The MIB will satisfy any judgment as against that driver if all of the requirements of the agreement have been complied with including the claimant submitting an application to the MIB and joining the MIB at the outset as an additional defendant to the proceedings.

This Practice Note looks at how qualified one-way costs shifting (QOCS) works in practice. QOCS limits a losing claimant’s liability to pay costs. The potential exceptions to QOCS are considered, eg where a claim is struck out, the claim is found to be fundamentally dishonest or in a mixed claim where there are personal injury and non-personal injury elements. This Practice Note considers the use of Part 36 offers to put claimants at risk and the tactical use of late discontinuance and strike-out applications. This Practice Note also looks at how QOCS operates in cases with multiple defendants and pre and post LASPO 2012 funding arrangements. It also briefly considers the cost budgeting pilot scheme for certain High Court QOCS cases.

This Practice Note considers the Guide to the Conduct of Cases Involving Serious Injury, which was developed with the objective of collaborative working between the parties in catastrophic claims where damages are over £250,000 but excluding clinical negligence and asbestos related disease claims. This note covers the key aspects of the guide, the types of claims the guide applies to and the main benefits and disadvantages of following the guide. It also provides practical tips for using the guide.

This Practice Note deals with claims by an injured party against an untraced driver. Claimants who have sustained injuries as a result of a ‘hit and run’ accident where the driver or owner cannot be traced should apply for compensation under the Untraced Drivers’ Agreement 2017. The accident must have occurred on or after 1 March 2017. Any application must be made to the Motor Insurers’ Bureau (MIB) within three years of the index event. There are a number of exclusions from the agreement and the MIB is under an obligation to properly investigate every claim. If an application is successful damages will be awarded commensurate with what the injured party would have received had they brought civil proceedings against the unidentified party.

This precedent particulars of claim relates to a road traffic accident involving an uninsured driver on or after 1 August 2015. The uninsured driver is named as the first defendant and the Motor Insurers’ Bureau (MIB) as the second defendant. The particulars make reference to the relevant sections of the MIB Uninsured Agreement made on 3 July 2015.