IETL 16th European Traffic Law Days 2015
Green Card and 4th Motor Insurance Directive Claims in the UK and Italy
Simon Ball
Solicitor and Practice Director PTP Law LLP
IETL 16th European Traffic Law Days 2015
Main features in the UK
A. Liability and B. Evidence A. Negligence:
“ ….. the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do”
( Blyth v.Birminham Water Works 1856)
IETL 16th European Traffic Law Days 2015
B. Evidence
Adversarial System
Cross-‐examination of witnesses
IETL 16th European Traffic Law Days 2015
Calculation of damages
1. General damages for injuries
Judicial College: Guidelines for the Assessment of Damages in Personal Injury Cases
2. Special damages or Patrimonial damages
IETL 16th European Traffic Law Days 2015
Legal Costs
IETL 16th European Traffic Law Days 2015
Timeframes for claims handling Personal Injury Protocol
IETL 16th European Traffic Law Days 2015
Fraud
Fundamental Dishonesty:
Section 57 of the Criminal Justice and Courts Act 2015
IETL 16th European Traffic Law Days 2015
Court proceedings in England and Wales
Decision to allow litigation
Length and costs of court action
QOCS -‐ Qualified one-‐way costs shifting
Part 36 Civil Procedure Rules
IETL 16th European Traffic Law Days 2015
Matters of Private International Law Jurisdiction
Wall v Mutuelle de Poitiers
IETL 16th European Traffic Law Days 2015
Summary and Conclusions
IETL 16th European Traffic Law Days 2015
Thank-‐you Merci
Vielen Dank
