Monthly Archives: November 2017
SECTION 2(2) OF THE ANIMALS ACT: COURT OF APPEAL GIVES A STEER AS TO HOW IT IS TO BE CONSTRUED
Section 2(2) of the Animals Act 1976 has come under some criticism over the years, from the judiciary and practitioners. The section came under scrutiny again in the Court of Appeal decision in Williams v Hawkes [2017] EWCA Civ 1846 KEY POINTS s.2(1)(b) of the Animals Act 1976 applies where the animals “characteristics” are temporary […]
A DUMPER TRUCK IS COVERED BY THE MIB AGREEMENT: STATUTORY CONSTRUCTION AND DIRECTIVES
In Lewington v The Motor Insurance Bureau [2017] EWHC 2848 (Comm) Mr Justice Bryan considered whether a stolen dumper truck being driven on a public road was covered by the MIB agreement. There was a clear, and unequivocal finding that it was. I”n the above circumstances I set aside the Award in whole under section 69(7)(d) of the […]