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Trinidad and Tobago – Fatal accident. PB was killed in a motor vehicle accident. The appellant administratrix of her estate obtained judgment against the driver. The appellant raised an action against the respondent insurer, which pleaded that it had already paid out the maximum $1m to third parties with claims arising out of the accident and had discharged its contractual liabilities. The appellant was granted summary judgment, but the Court of Appeal of the Republic of Trinidad and Tobago allowed the respondent's appeal. The Privy Council, in dismissing the appellant's appeal, held that s 10 of the Motor Vehicles Insurance (Third-Party Risks) Act (Ch 48:51) contained no provision authorising the insurer to delay paying a claim established against its insured in order to enable other claimants to catch up so as to allow the rateable payment of multiple claimants on a limited insurance fund.
Trinidad and Tobago – Fatal accident. PB was killed in a motor vehicle accident. The appellant administratrix of her estate obtained judgment against the driver. The appellant raised an action against the respondent insurer, which pleaded that it had already paid out the maximum $1m to third parties with claims arising out of the accident and had discharged its contractual liabilities. The appellant was granted summary judgment, but the Court of Appeal of the Republic of Trinidad and Tobago allowed the respondent's appeal. The Privy Council, in dismissing the appellant's appeal, held that s 10 of the Motor Vehicles Insurance (Third-Party Risks) Act (Ch 48:51) contained no provision authorising the insurer to delay paying a claim established against its insured in order to enable other claimants to catch up so as to allow the rateable payment of multiple claimants on a limited insurance fund.
Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn
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In this update on his Independent Review of Disclosure, Jonathan Fisher KC focuses on the miscellany of problems which need to be addressed right across the disclosure regime
Stephen Mason sets out how the legal presumption, which exposed widespread misunderstanding about the nature of computer failures and caused serious widespread injustice, came into effect
Art, including music, should be protected as a fundamental form of freedom of expression and not used to unfairly implicate individuals, argues Ifẹ Thompson
Jasvir Singh trails this summer’s celebrations, open to all and with the theme ‘Free to Be Me’, by focusing on the diversity of South Asian heritage barristers and judges, and the trailblazers who led the way