header-logo header-logo

A Titanic struggle

21 October 2010 / Hh Judge Platt
Issue: 7438 / Categories: Features , Procedure & practice
printer mail-detail

HH Judge Platt reports on the latest twists in the RTA claims industry

Lawyers who deal with motor accident claim cases will be well aware of the Titanic struggle which has now been raging for years between the motor insurance industry and the providers of vehicles for hire on credit to those whose cars have been damaged in road traffic accidents. Indeed claims for credit hire now form a significant part of the workload of the judges dealing with Fast Track trials.

Ingenious defence lawyers have continued to run various lines of defence against these claims. Equally ingenious claimant’s lawyers have been arguing for hire charges which usually dwarf the modest claims for whiplash injuries and in turn are sometimes dwarfed by the claims for costs. Most of these arguments are fact specific but most have been bitterly contested with what appears to be little sense of proportion on both sides and a surprising lack of realistic Part 36 offers. But these cases also give rise to important issues of law on which the insurance industry has had some notable successes. Dimond v Lovell

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll