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14 August 2013 / Andrew Ritchie KC
Issue: 7573 / Categories: Features , Insurance / reinsurance
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Against the odds

Dealing with the MIB under the Untraced Drivers Agreement 2003 has become much clearer after a recent arbitration ruling. Andrew Ritchie QC reports

Untraced drivers cases are generally thought to be difficult and unprofitable for lawyers acting for the applicant because the Motor Insurers’ Bureau (MIB) gathers all of the evidence and then decides the award. The claimant’s lawyers are excluded from the evidence-gathering process (unless the claimant wants to pay them personally) and only receive the fixed fee. If the award is appealed, it goes to arbitration and, if requested, a full oral hearing. If the applicant is successful, normal legal costs are awarded.

 

A better way

Dealing with the MIB under the Untraced Drivers’ Agreement 2003 (UDA 2003) has become much clearer post- Andrews v MIB [2012] . Here, after a three-day arbitration hearing before Jeremy Stuart-Smith QC, the applicant, a paraplegic, won on liability and causation. Two months later, despite the MIB trying to restrict the applicant’s costs, he was awarded his normal legal costs and disbursements. Five months

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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