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09 June 2017 / Nicholas Bevan
Issue: 7749 / Categories: Features , EU , Insurance / reinsurance
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Catching an ebbing tide

Sahin’s fate marks a turning point in the tide of European law in this jurisdiction, says Nicholas Bevan

  • The basic proposition is that every motor policy must cover any use made of that vehicle consistent with its normal function.
  • The way is still open to cite European law to challenge institutionalised injustice and unconstitutional irregularity but it is increasingly a case of ‘now or never’.

On 10 April the Supreme Court refused permission to appeal in Sahin v Havard & Riverstone Insurance [2016] EWCA Civ 1202. In ‘Third Time Lucky?’, NLJ , 13 January 2017, p 13 I explained why I believed that the Court of Appeal’s decision flouted European law and it is a view I still hold.

The Sahin appeal

The Sahin appeal considered the extent to which motor insurers can avoid their liability under s 151 of the Road Traffic Act 1988 (RTA 1988) to compensate third-party victims where an assured is in breach of a policy term. This is an important question because this practice is routinely exploited by insurers to discriminate against thousands of genuine third

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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