TRAVEL UPDATE

AUTUMN 2018

 
 
Mark Lee

Brexit and the “no deal” scenario – the impact on cross border claims
by Mark Lee

 
 

In advance of Brexit talks, the UK Government published a white paper containing its “twelve guiding principles” for the negotiations. These included reference to the following two criteria, which were particularly relevant to cross-border EU claims: 

  1. providing certainty and clarity; and
  2. securing rights for EU nationals in the UK and UK nationals in the EU.

As the chances of a deal become increasingly precarious, the prospect of certainty and clarity seems ever more remote.

 
 
 
Joanna Wylie

Bereavement damages: the injustice of UK law 
by Joanna Wylie

 
 

This year’s Pan European Organisation of Personal Injury Lawyers Conference, which took place in Paris in September, highlighted the urgent need for a review of UK law on the damages awarded to relatives following a fatal accident.

Although the method for calculation of bereavement damages varies greatly throughout Europe, UK awards are significantly less generous and extend to fewer relatives than in other EU member states.

 
 
 
Emma Tallick

The Civil Liability Bill: promises, delays and ambiguity 
by Emma Tallick

 
 

There has been much debate surrounding the new Civil Liability Bill which aims to reform whiplash claims and the basis for the calculation of the discount rate.

In March 2017 the Lord Chancellor, Elizabeth Truss, boldly reduced the discount rate from 2.5% to -0.75%. Whilst it was widely acknowledged that the rate of 2.5% was too high, the slide to - 0.75% was a cause of considerable concern for the insurance industry.

 
 
 

Penningtons Manches - Reaching new heights

by Mark Lee, Partner and Head of the travel law team

 
 

At Penningtons Manches, we’re consistently recognised for our innovative thinking and top quality advice. This year independent legal sector analysis has described us as ‘leading the way’ and ‘the strongest’ in terms of growth, surpassing every other law firm in our peer group.

For our year ending 2018, we celebrated another year of standout results. We are working with more businesses than ever, in more sectors than ever, as our expertise grows.

As a firm, we were also delighted to receive very positive feedback from our auditors, Lexcel, following our audit earlier this year: "PM has once again demonstrated a high level of compliance against the requirements of the Lexcel Standard. The firm has a carefully-considered set of approaches to risk and compliance and its policies and procedures reflect its aim to achieve the highest possible standards of compliance and client service… The guidance provided is practical and accessible to all".

The Travel Law team is delighted to be part of this success. We remain very busy and have recently recruited a new paralegal, Emma Tallick, who some of you may have met recently at the ATII event at the RAC Club. Emma and Joanna Wylie also attended the Pan European Organisation of Personal Injury Lawyers Conference in Paris in September - a great opportunity to catch up with other foreign lawyers and hear about relevant developments of law in their jurisdictions.

If you'd like to know more about any of the articles in this newsletter, please do get in touch.

Mark Lee
+44 (0)1483 411402

 
 
 

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