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Law Reports - Non-complying claim is not a bar to fresh action.
(From Post Magazine)
The claimant's husband was killed in a motor accident following a collision with the uninsured defendant driver. The claimant brought a claim for damages on behalf of the estate, and herself (as a widow) and of her two children.
The claim was initially issued in time. However, the claimant's solicitors did not comply fully with the notice requirements of the Motor Insurers' Bureau 1999 Uninsured Drivers Agreement ("the MIB Agreement"). The proceedings were discontinued and a fresh set of proceedings issued, outside the limitation period, and proper notice given.
Two issues were heard on appeal.
Firstly, the MIB argued that it was an abuse of process for a claimant who had failed to comply with the notice requirements of the MIB Agreement in one action to seek to escape the consequences by ...
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