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3 Nov 2010, 3:29 am
In Clinton David Jacobs v Motor Insurance Bureau [2010] EWCA Civ 1208, the Court of Appeal held that where a person is injured by an uninsured driver and is entitled to recover from the Motor Insurers Bureau (MIB), that person is entitled to recover damages assessed according to English law, rather than the law where the accident occurred.The appellant, Mr Jacobs (a resident of the UK) was seriously injured when struck by a car while holidaying in Spain. [read post]
18 Jul 2016, 10:18 am
High Court Decision In Moreno v The Motor Insurers’ Bureau [2015] EWHC 1002 (QB), having reviewed the relevant domestic and European legislation and the case law, the High Court found that it was bound by the previous Court of Appeal decisions of Jacobs v MIB [2010] EWCA Civ 1208 and Bloy and Ireson v MIB [2013] EWCA Civ 1543. [read post]
22 Sep 2016, 7:10 am
"While Jacob LJ in Saint Gobain PAM SA v Fusion-Provida Ltd [2005] EWCA Civ 177 (Katpost) articulated a test that appeared to be rather general – it must be "more-or-less self-evident that what is being tested ought to work", Floyd LJ has now clarified that this “is far from being a test of universal application”, quoting with approval the warning of Kitchin LJ in Novartis AG v Generics (UK) Ltd [2012] EWCA Civ 1623 (Katpost)… [read post]
4 Mar 2010, 2:56 am
The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau [2010] EWHC 231 (QB), that under European Union Regulation 864/2007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain.The claimant issued proceedings against the defendant, the Motor Insurers' Bureau, in its capacity as a compensatory body under the Motor Vehicles… [read post]
4 Mar 2010, 2:56 am
The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau [2010] EWHC 231 (QB), that under European Union Regulation 864/2007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain.The claimant issued proceedings against the defendant, the Motor Insurers' Bureau, in its capacity as a compensatory body under the Motor Vehicles… [read post]
29 Jun 2007, 9:39 am
An English poet, Alexander Pope, once wrote:"For forms of government let fool's contest,What's best administered is best. [read post]
2 Dec 2009, 8:22 pm
My grandfather Jacob was born in Romania. [read post]
2 Dec 2021, 10:33 am
Featuring tales of hostages, statecraft, assassinations and throwing shade on princelings, in this special episode of ChinaTalk, voice actors Jacob Guenther and Chara Lin perform excerpts of Jennifer Dodgson's translation into English, while Dodgson herself discusses each piece. [read post]
9 Jun 2017, 12:53 am
A subtle but intelligible distinction, at least in the view of this GuestKat.The position was similar to that in Celltech v Medimmune [2004] EWHC 1522; [2004] EWCA Civ 1331, where the courts (Jacob LJ upholding Laddie J) held that the parties had bargained to give jurisdiction to the English court concerning the scope of the licensed patents. [read post]
8 Sep 2022, 4:30 am
The judge considered the factors on secondary indications set out by Laddie J in Haberman v Jackel [1999] F.S.R. 683 (and approved by Jacob LJ in Schlumberger v Electromagnetic Geoservices [2010] EWC Civ 819). [read post]
12 Jun 2019, 4:00 am
Jacobs v. [read post]
30 Apr 2014, 5:35 am
Jacobs of Greenwire and Jaclyn Belczyk of JURIST. [read post]
7 Mar 2011, 12:40 am
For seven such reasons (see Jacob LJ at [175] —[181]) non-EU foreign copyright infringement claims were held to be non-justiciable in English courts. [read post]
8 Nov 2010, 6:31 am
Assuming that there is no further appeal, the claimant Mr Jacobs will receive compensation according to English law principles of assessment, with the result that his award will likely be higher than if the MIB had prevailed in his argument that Spanish law should be applied. [read post]
31 Oct 2014, 11:00 pm
The English High Court has recently rendered an insightful and thought provoking decision on the application of Art. 4 II and III of the Rome II Regulation (Winrow v. [read post]
16 Oct 2013, 4:46 am
Lyle reported on the argument for this blog, while I added a Plain English recap. [read post]
19 Jul 2011, 1:35 am
In the Court of Appeal judgment, following a short eulogy to English civil procedure (at [15]—[27]), Jacob LJ goes on to consider the relationship between decisions of the TBAs and the national courts. [read post]
15 Jan 2014, 4:46 am
Lyle Denniston previewed the case for this blog, and I did the same in Plain English. [read post]
25 Feb 2015, 3:13 am
Lyle Denniston previewed the case for this blog, while I added our coverage in Plain English. [read post]
22 Dec 2009, 2:42 pm
The existence of last week's ruling of the Court of Appeal for England and Wales (Lord Neuberger of Abbotsbury MR, Jacob LJ and Richards LJ) in Dr Reddy's Laboratories (UK) Limited v Eli Lilly and Company Limited [2009] EWCA Civ 1362 has already been noted on this weblog, but not much has been said about its substance. [read post]
