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23 May 2019 / Nicholas Bevan
Issue: 7841 / Categories: Features , Insurance / reinsurance , Brexit
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Phoenix in flames: lessons from Pilling (Pt 2)

In the second part of this special series on R & S Pilling t/a Phoenix Engineering v UK Insurance Ltd, Nicholas Bevan analyses the Supreme Court’s approach to motor policy construction

In the second part of this special series, Nicholas Bevan analyses the Supreme Court’s approach to motor policy construction

The first instalment of this two-part feature on R & S Pilling t/a Phoenix Engineering v UK Insurance Ltd [2019] UKSC 16, considered the restrictive way in which the Supreme Court discharged its duty to give effect to the wider scope of Article 3 of EC Directive 2009/103/EC on motor insurance (the Directive) when construing s 145 of Pt VI of the Road Traffic Act 1988 (RTA 1988) (see Pt 1 in NLJ, 17 May 2019 p9). The court ruled that it was not possible to ‘read down’ s 145 RTA 1988 to extend its geographic scope to require compulsory third-party cover to extend to the use of vehicles on private premises.

The appeal was made in a contribution

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MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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