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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I'm on a Tier 2 General Visa and am due to apply

Resolved Question:

Hi. I'm on a Tier 2 General Visa and am due to apply for ILR in Sep 2018. I would like to know if there is any impact of a personal injury claim that has been filed against me by a minor? The facts are:
A) This was a minor road traffic accident that happened over a year ago. Only two cars involved (mine and the claimant's).
B) Both parties insured - I had comprehensive insurance and notified the insurance company at the scene of the accident.
C) I did not hear from anyone (claimant, claimant's solicitors, claimant's insurance company or my insurance company) re: any personal injury claims until a couple of weeks ago, which is almost a year since the date of the accident.
D) The minor's claim is being settled by my insurer at the time. But due to his status the court needs to approve the proposed settlement at an Infant Approval Hearing.
E) I have since changed insurers and declared the accident as part of my insurance policy quotation process.
My specific doubts are:
Will a judgement be entered? Will that count against me? Does this impact my civil or criminal records in any way? And do I need to declare this as part of my ILR application.
G.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Hello, the entering of judgment by a minor in an insurance matter against you will not affect your application for ILR. Essentially, the personal injury action is a civil matter which is totally separate from the issue of whether a visa will be granted to you. Your insurance company will settle this matter with the boy's parents who will be acting as next friend or litigation friend for their child. It is a condition of all settlements for a minor that the case must be put before the court and the settlement ruled upon by the Court that it is in fact fair for the child. This is intended to avoid a situation where the minor's interests are compromised when they are too young to do anything about it. This is why the matter appears in the Court lists. As you are the Defendant you will be put on notice of it. Whilst you are the nominal defendant, it is really the insurance company who are defendant and they will deal with the claim on your behalf.
Expert:  Buachaill replied 1 year ago.
2. Civil cases and claims have no role to play in granting visas in the United Kingdom. Only criminal matters are relevant. You will not be treated any differently just because you have been involved in a civil claim. Nor do you need to disclose this fact to the UK Border Agency when applying for ILR. It is not relevant. This case will not be an issue when it comes to getting ILR, or citizenship, should you apply one year later for citizenship.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your Question.
Customer: replied 1 year ago.
Thank you for the helpful response. From your response, I have the following follow-up questions please:a) You note that the defendant in this case is really the Insurance Company and I am a 'nominal' defendant. This being the case, is it possible to formally request that the defendant in the court proceedings be changed to the Insurance Company?b) Additionally, you are referring to the 'UK Border Agency' - I understand that the UKBA doesn't exist anymore, it is in fact UK Visas and Immigration. Can you double check whether your response is still valid given the present immigration rules relating to ILR applications?Many thanks for your time.
Expert:  Buachaill replied 1 year ago.
4. I regret to say that whilst you are only the nominal defendant, it is you whose name will appear in the court document. You can write to your insurance company and request a name change, but I haven't seen this occur previously. Secondly, I appreciate there has been a cosmetic name change in the body which deals with visa and immigration matters. However, the underlying substantive law has not changed.
Customer: replied 1 year ago.
Thanks so much. One last follow-up before I close the thread:
Does this judgement qualify as a 'CCJ', or a 'Civil Penalty'? The reason I ask this is because on the SET(O) form for ILR applications, the only reference to civil claims is in this question - I would be grateful if you can point out any questions in the form that ask for a civil claim reference (if any).
Expert:  Buachaill replied 1 year ago.
5. This judgment does not qualify as a "civil penalty". It would only qualify as a CCJ - County Court Judgment - if the insurance company does not settle the case before it goes to court. However, here, the settlement is being ruled. However, the form itself is not geared towards civil claim references. It is designed to catch criminal penalties which reflect badly upon the applicant's character.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks.

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