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Phoenix in flames: lessons from Pilling (Pt 2)

23 May 2019 / Nicholas Bevan
Issue: 7841 / Categories: Features , Insurance / reinsurance , Brexit
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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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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