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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.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
A cultural life and times
