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Monthly Archives: May 2022
‘Staged Collision’ rumbled by RSA Insurance
A Claimant conspired with another driver to defraud RSA Insurance Group. Judge Chohan at Brentford County Court found that a collision was staged and referred the matter to the Metropolitan Police for further investigation. The Claimant pleaded that he was travelling across a junction in a BMW 6 series, that he had purchased only 12 […]
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Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022
Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and […]
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A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms
Summary. In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this […]
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Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton
Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation. Claimant benevolence involves the drawing of adverse inferences […]
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Ryan Ross succeeds in the Court of Appeal
On Friday, the Court of Appeal handed down its judgment in Park v Hadi and Another [2022] EWCA Civ 581. Acting pro bono via Advocate, Ryan Ross represented the successful Respondent. He acted as sole Counsel. The Appellants were represented by Queen’s Counsel and Junior Counsel. In a joint decision, Holroyde, Stuart-Smith and Warby LJJ […]
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