The following PI & Clinical Negligence practice note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accident claims in the EU. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
This Practice Note, which should be read in conjunction with An introduction to road accident claims in the EU which identifies more specifically the regulations and precedent relating to road accidents occurring on EU roads.
The Fourth Motor Insurance Directive, which ordered implementation of its provisions by 20 January 2003, laid the ground for a direct right of action against a motor insurer, whereby the motor insurer was to be directly liable to the injured party to the extent that the insurer was liable to the insured person.
Implementation of this part of the Directive in the UK was by the European Communities (Rights Against Insurers) Regulations 2002.
With regard to the UK provision, it is very important for practitioners to note not only that the insurer’s liability to the victim is only to the extent of their liability (indemnity) to their insured, but also the geographical limitation on the domestic provision: the domestic provision applies only to accidents on a road or other public place in the UK.
However, pursuant to the Directive, other states of the European Union will have similar provisions conferring a direct right of action
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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