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The long awaited fourth edition of the popular APIL Guide to MIB Claims provides the practical advice that all personal injury litigators handling RTA cases need to advise clients whose claims involve section 151 of the Road Traffic Act 1988, or the untraced and uninsured drivers. These cases have always been fraught with procedural difficulties and the technical nature of agreements has increased the risks of default by claimants and solicitors. This volume clearly sets out the potential pitfalls when dealing with MIB claims. It offers practical guidance to ensure that clients' cases are handled effectively. This edition has been revised and expanded to include coverage of: the Uninsured Drivers' Agreement 2015; latest supplements to the Untraced Drivers' Agreement 2003; the 6th Motor Insurance Directive; recent case-law such as Delaney v Secretary of State for Transport; Andrews v MIB; John Clarke v Phoebe Clarke and the MIB; and Churchill v Wilkinson and Francovich claims. In addition the accompanying appendices include all relevant statutory materials (both UK and European) and MIB documentation, as well as the author's own draft particulars of claim. [Subject: Personal Injury?Law, Insurance Law]
The tenth edition of this well established work offers a concise outline of the scope and workings of the Motor Insurers' Bureau. It explains the extent of the Bureau's liability and the procedure for recovering compensation for victims of accidents involving "e;hit and run"e; and uninsured drivers.This new edition has been extensively updated, offering practical coverage of: The Uninsured Drivers' Agreement (including the 2008 Supplementary Uninsured Agreement)The Untraced Drivers' Agreement (including the 2008 and 2011 Supplementary Uninsured Agreements)cases involving the Bureau including Byrneimplementation of the Fifth EC Motor Directive.The book includes the full text of the two agreements governing the Motor Insurers' Bureau's activities - the Uninsured Drivers' Agreement and the Untraced Drivers' Agreement - as well as the forms required to pursue such claims.
The 1999 Uninsured Drivers Agreement applies to accidents in which an uninsured driver was involved, which have occurred after 1 October 1999. Limitation periods for cases under the agreement will start to expire from 1 October 2002, after which procedural defects cannot be overcome by discontinuing and reissuing. To avoid satisfying any unpaid judgments, the Motor Insurers Bureau (MIB) will be able to act on any failure by claimants solicitors to comply with the strict terms of the Agreement. In order to prepare for this, those dealing with Motor Insurers Bureau claims must have watertight systems in place in order to avoid potential negligence claims. This book is an essential guide to preparing such procedures, and includes a series of standard letters, checklists and diary entries to guide a practitioner through each aspect of such a claim.The guide deals with the detailed provisions of the 1999 Agreement and the Revised Notes for Guidance (2002 ). The difficult tasks of handling claims against uninsured drivers and dealing with the MIB are addressed in a practical manner. All relevant recent legislation is discussed, as well as claims against untraced drivers and methods of discovering road traffic insurers to prevent the necessity of involving the MIB. Guidance is also given regarding setting up a department to deal with MIB claims. The book will be indispensable for any legal executive or solicitor dealing with MIB claims, particularly those handling road accident personal injury claims and all those managing teams of injury specialists. To effectively handle Motor Insurers' Bureau claims, the letters and checklists in this book are essential. To save you time, all the documents (letters, checklists, questionnaires and forms) contained in the book are available as Word documents for a fee of 10. The complete package can be sent to you by email or on disk by post.
Provides the practical advice that all personal injury litigators handling RTA cases need to advise clients whose claims involve untraced and uninsured drivers.
In the UK, the management of catastrophic injury claims is complex. These claims involve: detailed and ongoing care and rehabilitation regimes; sophisticated case management involving technical procedural matters, often involving the Court of Protection; significant use of expert evidence; as well as complicated settlement and financial structures, including periodical payment orders. Involving numerous experts of different disciplines, these claims require the practitioner to 'marshal' and manage the team, as well as particular requirements regarding client care. This book provides a guide to best practice in the complex area of UK catastrophic injury litigation. The text provides guidance on case management, practical help in dealing with and addressing issues of expert evidence, an in-depth discussion of damages, and an analysis of relevant primary source material. This second edition includes new chapters on periodical payments, neuro-rehabilitation, birth injuries, and radiology. It also examines the impact of the Jackson reforms, cost budgeting, and developments in the Court of Protection's jurisdiction.
Indispensable for legal practitioners, this book is an excellent reference to the 1999 Uninsured Drivers Agreement. It includes a series of standard letters, checklists and diary entries to guide practitioners through each aspect of such a claim.
As statutes and regulations increasingly inhibit the rights of private landowners, the restrictive covenant has subtly emerged as one of the few remaining tools of property control available to the freeholder of land. This new edition discusses recent case law and its far-reaching effects on the jurisdiction of the Lands Tribunal, the modification or discharge of covenants and the compensation required It also incorporates rent charge covenants and other use obligations, and the problems of consent and breach Detailed chapters are included on procedure in Lands Tribunal applications
The Criminal Injuries Compensation Scheme is a government funded scheme to compensate blameless victims of violent crime. Money (an award) is paid to people who have been physically or mentally injured because they were the blameless victim of a violent crime. This current Scheme introduced on 27 November 2012 applies to any application made on or after that date (for any applications made before then different rules may apply). The Scheme is for people injured in England, Scotland and Wales (Great Britain) and the rules of the Scheme and the value of the payments awarded are set by Parliament. Payments are calculated by reference to a tariff of injuries. Claims are considered for the following: personal injury following a single incident; personal injury following a period of abuse; loss of earnings; special expenses payments - to cover specific injury-related requirements which are not available free of charge from any other source; fatal injuries, including loss of parental services and financial dependency; and funeral payments.
"This has run alongside significant changes in the regulatory processes now the domain of the Financial Services Authority. The creation of the Single European Market has been achieved by a series of Insurance Directives implemented by domestic regulations bringing the challenge of many new terms. Many other new terms have their origin in new policy forms, important legal developments and the changing business and political environment." "Containing over 3500 fully cross referenced insurance and insurance related terms, abbreviations and useful addresses, the Dictionary of Insurance provides a wealth of information for insurance professionals and non-specialists alike."--BOOK JACKET.