The following PI & Clinical Negligence practice note 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 accidents. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
In this Practice Note, the Road Traffic Act 1988 is referred to as RTA 1988.
In the majority of claims a motor insurer will provide a full indemnity to their insured under a valid policy of insurance. This means that the insurer will accept a contractual liability to pay all damages that fall on the defendant driver.
However, if there is a breach of the policy (either before or after the event) by the insured, the insurer is able to contractually avoid liability to their insured. In that instance the claim is likely to be dealt with by:
the Road Traffic Act insurer: a motor insurer has certain obligations to satisfy judgments obtained by an innocent third party even if there have been breaches of the insurance policy by the insured, failing which
the Article 75 insurer: by an agreement between the Motor Insurers’ Bureau (MIB) and insurance companies, motor insurers will accept liability in certain cases where they would not be liable as a Road Traffic Act insurer—in such cases the liability is limited to the terms of the MIB Uninsured Drivers’ Agreement, failing which
the MIB: if the
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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