HM Insights

Life, business and the law

The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.

Latest articles from Elizabeth Mitchell

  • A time of major change in the UK Insurance industry – Part 1: After Vnuk, is it time to insure that golf cart?

    A time of major change in the UK Insurance industry – Part 1: After Vnuk, is it time to insure that golf cart?

    The UK Insurance industry is facing a number of significant changes. In the first in a series of articles on these changes, we look at a recent decision from the EU which will have huge ramifications for insurance policies, bringing a whole range of motor vehicles within the realm of those that must be insured – and victims of more types of accident able to claim compensation.

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    How Simple is Simple Procedure?

    As of 28 November 2016 claims for payment of a sum below £5,000 (excluding personal injury) must be raised under the new Simple Procedure Rules. This has replaced Summary Cause and Small Claims in the Sheriff Court. Personal Injury claims are not yet covered by the SP Rules. Personal Injury Claims below £5,000 are expected to have a new set of Court Rules set out in the near future.

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    Impecunious - If so, prove it!

    The decision of the Sheriff Principal in the case of Gee v Axa to refuse to allow recovery of credit hire charges incurred demonstrates that, in establishing impecuniosity, the onus is squarely on the pursuer.

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    Insurance Case Law Update

    We have the pleasure of attaching below three recent judgements following consideration by Sheriff McSherry at Dunfermline Sheriff Court of three separate injury claims arising out of the same road traffic accident. Liability was not in dispute and the Sheriff was required to consider the respective values of the claims only.