B24 PIPD Lecture Notes PDF
Document Details
Uploaded by AthleticSilver740
Tags
Summary
These lecture notes cover pre-action protocols, highlighting the objective and applicability within the context of personal injury claims. It also discusses limitation periods and enhanced jurisdiction of state courts, referencing relevant case law and single joint expert procedures.
Full Transcript
B24 PIPD Lecture 1 **[Barometers of liability (BOLA)]** In a chain collision, the Bola agreement applies to 2nd vehicles and then the one subsequent behind the second vehicle. That means that insurance of the car that is directly behind the payment will settle everything. **[However, BOLA does no...
B24 PIPD Lecture 1 **[Barometers of liability (BOLA)]** In a chain collision, the Bola agreement applies to 2nd vehicles and then the one subsequent behind the second vehicle. That means that insurance of the car that is directly behind the payment will settle everything. **[However, BOLA does not apply to the claimant]**, and therefore, the defendant may argie contributory negligence by the claimant (I.e the first driver). Repudiation : Reasons for insurers to refuse insurance cover: Driving under influence of alcohol or drugs. Driving an unregistered vehicle or vehicle with prohibited or unapproved modifications Driving with an invalid driving' license Driving with passengers exceeding its legal seating capacity Admitting fault or liability Failing to notify the insurers about the accident or of any proceedings India International Insurance Pte Ltd v Ho Chai Hong Joanne \[2013\] SGDC 193 Lecture 2 Pre-action protocols Compliance with pre-action protocol is mandatory prior to commencing legal action in court **[Objective]** of the Pre-Action Protocol **[Applicability]** of the Pre-Action Protocol **[ Limitation Periods = 6 years Mixed claims = 3 years]** Lecture 3 **[ Enhanced Jurisdiction of State Courts by agreement]** (s23(a) States Court Act) Salmizan bin Abdullah v Crapper Ian Anthony \[2023\] SGHC 75 **[Single joint Experts (SJE)]**