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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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