*/
Motor insurance – Rights of third parties against insurers. The claimant suffered personal injury as a result of a road traffic accident. The Motor Insurers' Bureau was the insurer of last resort became liable under the Uninsured Drivers' Agreement 1999 (the agreement). The claimant commenced proceedings. The claim was dismissed in the county court on the grounds that the claimant's claim was barred on grounds of public policy and the claimant knew or ought to have known that the vehicle was being used in the course or furtherance of crime, namely the transportation of cannabis for the purpose of subsequent supply, and cl 6(1)(e)(iii) of the agreement was accordingly applicable. The Court of Appeal allowed the claimant's appeal on the ex turpi causa issue on the basis that the joint criminality was only the occasion, and not the cause, of the accident but dismissed it on the cl 6(1)(e)(iii) issue. The claimant issued a new claim for damages arising as a result of the defendant Secretary of State being in breach of art 1(4) of Directive 84/5 (on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles) (the second directive). The Queen's Bench Division held that the United Kingdom, in the legal personification of the defendant, was in plain breach of EU law, and the question of liability to pay compensation on principles in Francovich v Italian Republic therefore arose.
Motor insurance – Rights of third parties against insurers. The claimant suffered personal injury as a result of a road traffic accident. The Motor Insurers' Bureau was the insurer of last resort became liable under the Uninsured Drivers' Agreement 1999 (the agreement). The claimant commenced proceedings. The claim was dismissed in the county court on the grounds that the claimant's claim was barred on grounds of public policy and the claimant knew or ought to have known that the vehicle was being used in the course or furtherance of crime, namely the transportation of cannabis for the purpose of subsequent supply, and cl 6(1)(e)(iii) of the agreement was accordingly applicable. The Court of Appeal allowed the claimant's appeal on the ex turpi causa issue on the basis that the joint criminality was only the occasion, and not the cause, of the accident but dismissed it on the cl 6(1)(e)(iii) issue. The claimant issued a new claim for damages arising as a result of the defendant Secretary of State being in breach of art 1(4) of Directive 84/5 (on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles) (the second directive). The Queen's Bench Division held that the United Kingdom, in the legal personification of the defendant, was in plain breach of EU law, and the question of liability to pay compensation on principles in Francovich v Italian Republic therefore arose.
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War
By David Cosway (with the help of ChatGPT)
Due to advances in research, technology and techniques, AlphaBiolabs can now offer alcohol testing for head hair samples that are just 1cm in length
With the explosion of interest in governance and the growing need to be multi-skilled to keep career options open, adding an extra string to your bow is not without its merits. The Chartered Governance Institute UK & Ireland (CGIUKI) Fast Track for the Chartered Governance Qualifying Programme could be ideal for experienced professionals to reach chartered governance status
The 2023-24 COMBAR mentoring scheme for underrepresented groups is now open for applications - deadline extended to 12 October 2023
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From a CPS pupillage to Director of Legal Services at one of the largest prosecutors in England and Wales Michael Jennings describes the interesting and varied life an employed barrister in public service can lead
In 2022 Behind the Gown asked the Bar Standards Board to acknowledge online misogyny and sexism. One year on, the regulator’s revised Social Media Guidance doesn’t go far enough in confronting this issue, say Stephanie Hayward and Charlotte Proudman
Growing your junior practice via international conference and how to fund the trip: Daria Gleyze, Emile Simpson and Sajid Suleman share what they gained from the ChBA BVI Conference
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War