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Pre-action protocols: Falling in between the portals
James Bentley examines a case where fixed costs did not apply when a cyclist was injured due to a defective road ‘Someone who is injured as a result of driving into a defect in the road denotes an accident that “arises out of” the use of the vehicle. There was a clear nexus between the …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Bateman v Devon County Council (2019) unreported Plymouth County Court HHJ Mitchell 2 September
- Dunthorne v Bentley [1999] Lloyd’s Rep 560
- Inco Europe Ltd & ors v First Choice Distribution & ors [2000] UKHL 15
- Master Prescott v The Trustees of the Pencarrow 2012 Maintenance Fund [2017] 6 WLUK 166
- Qader & ors v Esure Services Ltd & ors [2016] EWCA Civ 1109
- R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] UKSC 16
- Williams v Secretary of State for Business Energy and Industrial Strategy [2018] EWCA Civ 852