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 accidents. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
This Practice Note sets out the legal framework and the procedure by which a claim is made by the victim of a road traffic accident which occurs in the UK but is caused by the driver of a foreign registered vehicle. It is very likely indeed that the insurance cover for the vehicle will have been provided by a foreign insurer.
The setting up of the framework and procedure began with the introduction of the Green Card system in the early 1950s.
The purpose of the system was to facilitate the international circulation of motor vehicles by ensuring that the insurance against third-party risks in respect of the use of those vehicles met the criteria laid down by the visited country. This in turn guaranteed the compensation of injured parties in accordance with the national law and regulations of the visited country.
Under this system, the international motor insurance card (Green Card) was a proof in each visited country of compulsory liability insurance in respect of the use of the insured vehicle.
In each state participating in the Green Card system, a National Insurers’ Bureau was created to guarantee that the victim of a
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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