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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIMANT'S CLAIM AGAINST INSURER FAILS: THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT

CLAIMANT’S CLAIM AGAINST INSURER FAILS: THE INSURED’S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT

April 28, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Personal Injury

Today we are looking at a case where the court considered the impact of The Third Party (Rights against Insurers) Act 2010 in detail.  The court decided that the insurer was not liable to indemnify a claimant who had been…

SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?

SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?

June 25, 2013 · by gexall · in Civil Procedure, Damages, Members Content, Personal Injury

A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured.  In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all…

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