Recent journal articles

New Law Journal,

A contributing author since 2006,

Articles on the remote execution of Wills:

  • Where there’s a will; there’s a way, Parts 1&2, 5 June and 14 August 2020
  • The video Will execution regime: a half measure? 30 October 2020

Articles on the theme of motor insurance:

  • The MIB’s surrogate state liability, Parts 1 & 2, 12 and 26 July 2019
  • Phoenix in flames: lessons from Pilling, Parts 1 & 2, 17 and 24 May 2019
  • Principle v Process, restoration of the quo ante, 15 March 2019
  • Driverless vehicles: a future perfect? Parts 1 & 2, 16 and 30 November 2018
  • Lewis v MIB: a five-month wonder? 5 October 2018
  • Defending the indefensible, 1 December 2017
  • State liability: betwixt & between Brexit, Parts 1 & 2, 27 October and 3 November 2017
  • Inception deception, 1 September 2017
  • Catching an ebbing tide, 9 June 2017
  • Conflicts of interest? 3 March 2017
  • Third Time Lucky? 13 January 2017
  • Self-driving vehicles, the road ahead, 2 September 2016
  • Putting wrongs to rights, Part 2, 3 June 2016
  • Putting wrongs to rights, Part 1, 27 May 2016
  • Still driving dangerously, 8 April 2016
  • A call for more reform, July 2015
  • No through road, 17 April 2015
  • Opinion piece on insurer influence, 2 October 2014
  • Second Sight, 2 October 2014
  • Where to sue? 09 May 2014
  • An Untidy Arrangement? 13 March 2014
  • Good Law? 18 July 2013
  • Beyond the Pale, 20 June 2013
  • Asleep at the Wheel? 18 April 2013
  • On The Right Road? 8 -21 February 2013, a four-part feature
  • Trial and Error, 20 April 2012

For previous NLJ articles dating back to 2006, see: http://www.newlawjournal.co.uk/nlj/biographies/nicholas-bevan     

Law Gazette

The need for certainly on wills, 22 July 2020

Today’s Wills & Probate

  • Video Witnessing is Valid, 26 June 2020
  • What the Government really said, 31 July 2020

British Insurance Law Association Journal

  • Mind the gap, January 2016 (Winner of the Best Article Prize 2016; republished by the Association Internationale de Droit des Assurances)
  • Bridging the gap, March 2016

Journal of Personal Injury Law, editor and author [from 2009 to 2015]

Contributing regular detailed case commentaries, such as:

  • EUI Limited v Bristol Alliance Limited Partnership [2012] EWCA Civ 1267
  • Peaktone Limited v Joddrell [2012] EWCA Civ 1035
  • Durham v BAI (Run Off) Limited [2012] UKSC 14
  • Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors [2012] EWCA Civ 1166
  • Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 56
  • Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB)
  • Delaney v Pickett [2011] EWCA Civ 1532
  • Joyce v O’Brien & Tradex Insurance C0 Limited [2012] EWHC 1324 (QB)
  • Stych v Dibble & Tradex Insurance Co Ltd  [2012] EWHC 1606 (QB)
  • International Energy Group Limited  v Zurich Insurance [2013] EWCA Civ 39
  • Joyce v O’Brien & Tradex Insurance C0 Limited [2013] EWCA Civ 546
  • [2013] EWCA Civ 418
  • Smith & others v Ministry of Defence [2013] UKSC 41
  • Bloy v Motor Insurers Bureau [2013] EWCA Civ 1543
  • McLaughlin v Morrison [2013] CSOH 163
  • Starks v Chief Constable of Herts [2013] EWCA Civ 782
  • Matthews v Collins [2013] EWHC 2952 (QB)
  • Nicholas v Ministry of Defence [2013] EWHC 2351 (QB)
  • Haxton v Phillips [2014] EWCA Civ 4

Also contributing regular features to JPIL, most recently:

  • A Return to Common Sense, issue 4 of 2012,
  • Marking the Boundary, issue 3 of 2013
  • A World Turned Upside Down, issue 3 of 2014
  • Tinkering at the edges, issue 3, 2015

PI Brief Update Law Journal

  • Vnuk: the end of the road?, November 2014

PI Focus, APIL

  • Minor Collision, May 2014
  • Changing Gear, February 2015
  • Commentary on Moreno v MIB, September 2016

Modern Law Journal

  • Why Delaney is a game changer, August 2014

British Influence

  • Setting the record straight, February 2015

Textbook

  • Future Loss in Practice: periodical payments and lump sumsLexis Nexis, 2007, General editor and main contributing author, with Theodore Huckle QC and Sheralee Ellis.  This book anticipated the Court of Appeal’s ruling in Thompstone v Tameside and Glossop Acute Services NHS Trusts and others [2008] EWCA Civ 5 that confirmed the pivotal role that the periodical payments mechanism would serve as the most advantageous compensatory mechanism for catastrophic and serious injury claims.

Practice manuals

  • From 1999 to 2015, editor and contributing author toButterworths Personal Injury Litigation Service(BPILS), practice manual, Lexis Nexis, responsible for BPILS Division VII: Precedent, forms and letters, as its originator and sole contributing author between 2001 to 2013, in print, online and CD format
  • In 2012-2013Iwastheinterimgeneraleditor tasked with project managing a rewrite of BPILS Division I on quantification of damages.
  • In 2004Istepped in as aninterim editor and sole author of BPILS Division VIII: Pleadings,

Quarterly insurance and tort law bulletins

  • In 2017 I joined the editorial team of the Encyclopaedia of Insurance Law, published by Sweet & Maxwell, with responsibility for updating the commentary on the MIB and for introducing an entirely new section, initially arguing the case for direct effect against the MIB for the UKs systemic breaches of the Motor Insurance Directives, which thesis was later confirmed by the ECJ ruling on 10 October in Farrell v Whitty 2 [2017] Case (C‑413/15) and recognised in the UK in MIB v Lewis [2019] EWCA Civ 909.
  • From 2005 to December 2015, I incepted and edited The PI Update Bulletin, a monthly bulletin that was republished within the Butterworths Personal Injury Litigation Service (BPILS), Lexis Nexis.  This quarterly 5,000 word review was produced in printed format and online. It covered all the key decisions and developments relevant to personal injury.
  • Between 2001 and 2010 editing at Bond Pearce LLP, The Insurance Bulletin, a monthly client newsletter published by the firm in printed and online format.

Personal Blog

  • Nota Bene, a campaign blog launched in April 2013 to post various monologues and updates on diverse tort law topics but more recently, focusing on the theme of the need to reform third-party motor insurance. It has an international following.

Miscellaneous papers

  • An independent research paper on Why Video Witnessing is Valid, 3 June 2020, which the Attorney General complimented as advancing a compelling case for reform, which was introduced in emergency legislation: The Wills Act 1837 (electronic communications) (amendment)(coronavirus) Order 2020.  This paper exposed serious flaws in the Law Commission’s report Making a Will, published in 2017,
  • In February 2019, submitting a consultation response to the Law Commissions’ preliminary consultation on Automated Vehicles (Law Commission Consultation Paper 240; Scottish Law Commission Discussion Paper 166) that argued the case for urgent reform of product liability to address the regulatory lacuna in the UK’s implementation of Directive 2009/103 concerning liability for mechanical and software defects.
  • In April 2017, submitting a consultation response to the Department for Transport on the Technical consultation on motor insurance: Consideration of the European Court of Justice ruling in the case of Damijan Vnuk v Zavarovalnica Triglav d.d (C-162/13)
  • In November 2016, submitting a joint report with Professor Merkin QC to the House of Lords Select Committee on Science and Technology on Autonomous in response to its call for evidence on driverless vehicles/
  • In November 2016 submitting a doctoral thesis to the University of Exeter:On the infringements associated with the United Kingdom’s transposition of European Council Directive 2009/103/EC of 1 September 2009 on motor insurance
  • In September 2016 submitting a joint consultation response with Professor Merkin QC to the Centre for Connected and Autonomous Vehicles, Department for Transport, on its paper: Pathway to Driverless Cars: Proposals to support advanced driver assistance systems and automated vehicle technologies, Centre for Connected & Autonomous Vehicles.
  • In December 2013 submitting a report and recommendations for reform of third party motor insurance and the MIB agreements, at the Law Commission’s request.
  • In April 2013 submitting a response to the Department for Transport’s Review of the Uninsured and Untraced Drivers Agreements.
  • In 2009, drafting two detailed responses submitted on behalf of Bond Pearce LLP to Sir Rupert Jackson’s Review of Civil Litigation Costs, 2009 [offering claimant and defendant insurer perspectives].
  • In 2008preparing a detailed response submitted on behalf of Bond Pearce LLP to the Ministry of Justice’s Consultation paper on Pleural Plaques, 2008.
  • In 2007 preparing a detailed response submitted on behalf of Bond Pearce LLP to the Department of Constitutional Affairs’ Consultation Paper on Case Track Limits and Claims Process Review.
  • In 2007 preparing a detailed response submitted on behalf of Bond Pearce LLP to the Department of Constitutional Affairs’ Consultation Paper on Damages.