Delaney v Pickett & anor [2011] EWCA Civ 1532

Compensation: Uninsured Drivers’ Agreement 2015

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A new motor insurance agreement has come into force after a government consultation. Andrew Baker reports on the implications ‘The new Uninsured Drivers’ Agreement is generally much simpler to understand, less cumbersome and will present much less of a potential minefield for the unwary claimant representative.’Since September 2014 there have been a series of significant …

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Case Report: Joyce v O’Brien & anor [2013] EWCA Civ 546

Ex turpi causa; joint enterprise; recovery of damages ‘Where it can be said that the claimant’s cause of action arises in course of their participation in, or furtherance of a criminal activity, the claimant is prohibited from recovering damages due to sound policy reasons.’ In the case of David Joyce, the Court of Appeal recently …

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RTA: MIB agreement

Anna Macey considers the limits of recovery ‘Ex turpi causa is rarely used in RTA claims because there are policy arguments in favour of allowing an individual to succeed in their claim for damages, not least to prevent the costs falling on the state.’ In a recent case the Court of Appeal held that ex …

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