Francovich v Italian Republic [1991] EUECJ C-6/90 – Law Journals

Case report: R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] UKSC 16

Motor insurance; property damage; Road Traffic Act 1988; Motor Insurance Directives ‘The effect of the Supreme Court judgment is to curtail attempts by claimants to widen the circumstances in which the MIB and RTA insurers are obliged to satisfy claims.’ R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] was not a …

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EU motor insurance law: Incoming tide or tidal wave?

John McDonald examines recent motor insurance cases in the CJEU and their effect on UK law ‘EU law as interpreted in these judgments has been implemented in a number of English decisions, and is likely to be implemented in others, which may well have a radical effect on the legal framework underpinning UK motor insurance.‘ …

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Remedies: Disappearing damages?

Katherine Souter assesses the status of an award of damages for breach of the public procurement rules ‘What needs to happen fairly soon is for another case to come before the UKSC, which is referred to the CJEU for clarification, so that we have legal clarity on this issue before the UK leaves the CJEU’s …

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Brexit: Crossing borders

Robert Bell reports on a recent decision of the EFTA Court ‘The question before the court was what level of culpability of a contracting authority was necessary for the court to award damages for breach of the public procurement law.’ A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the …

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Update: The best of times, the worst of times

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …

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Practice: Nuclear power – the gift to procurement lawyers that keeps on giving

Helen Prandy, Jenny Beresford-Jones and Ruth Smith consider the impact of NDA v EnergySolutions ‘On top of the costs of the procurement itself this matter has had a significant impact on the public purse.’ One of the highest profile public procurement challenges brought over the past year is the case of Nuclear Decommissioning Authority v …

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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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Holiday Pay: An ‘inconvenient aspect’

Will Winch discusses recent rulings on how overtime and commission affect the calculation of annual leave payments ‘For the aims of the Working Time Directive to be met, workers must be properly paid during their leave, or else they will be deterred from taking it.’ For employment lawyers, the idea of a holiday may be …

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Equality Act: No protection against post-employment victimisation

An EAT ruling has highlighted that the UK’s discrimination legislation is at odds with EU law, reports Olivia Toulson It is doubtful that Parliament ever intended to exclude post-employment victimisation and it is clear that EU law requires employees to have protection against such treatment. In Rowstock Ltd v Jessemey [2013], the Employment Appeal Tribunal …

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Lane v Cullens Solicitors & ors [2011] EWCA Civ 547

Wills & Trusts Law Reports | December 2011 #115

The claimant was the brother of the deceased. She died intestate on 22 January 1997. The claimant became her personal representative pursuant to a grant of letters of administration made on 2 August 2000. The claimant was entitled to one third of the deceased’s estate there being two other stirpital branches of the family. One such branch was represented by the claimant’s brother. The claimant’s niece who was entitled to one sixth of the deceased’s estate intimated a claim that she was entitled to the deceased’s home. She did this in October 1998. The claimant, while being advised by sol...