As the ski season draws to an end and many Brits having jetted off to enjoy the snow, it is worth considering the potential implications of Brexit on those who may be unfortunate enough to be involved in a skiing accident.
What effect will Brexit have on those UK residents who are involved in a road traffic accident in an EU country? Injured parties may need to bring legal proceedings in the UK against the foreign insurer as soon as possible in order to benefit from current EU legislation allowing victims to pursue a claim in their home country.
In circumstances where a defendant accepts a Part 36 offer beyond the expiry of the relevant period, a claimant might expect to be paid more than the prescribed limit for fixed costs claims and ask for costs to be paid on an indemnity basis. However, in the case of Hislop v Perde, the Court of Appeal ruled that fixed costs should still apply.
It is now almost four years since section 57 of the Criminal Justice and Courts Act 2015 (CJCA) introduced the concept of fundamental dishonesty. This has provided defendants with a useful weapon when dealing with dishonest claimants.