header-logo header-logo

01 December 2017 / Nicholas Bevan
Issue: 7772 / Categories: Opinion , Insurance / reinsurance , Personal injury
printer mail-detail

Defending the indefensible

nlj_7772_bevan

Nicholas Bevan regrets that an opportunity has been missed & justice has not been done

Mr Justice Ouseley delivered his judgment in RoadPeace v Secretary of State for Transport [2017] EWHC 2725 (Admin) on 7 November 2017. This judicial review was brought when the minister ignored RoadPeace’s repeated requests to remove two unlawful exclusions of liability from the Uninsured Drivers Agreement 2015 and to bring the UK’s regulation of motor insurance policies and the compensatory schemes operated by the Motor Insurance Bureau (MIB) into line with the minimum standard set by the Motor Insurance Directive 2009/103/EC (the Directive). The minister had been fully briefed by several well-informed sources about the systemic defects in the UK’s implementation of the Directive, within his own February 2013 consultation on the MIB agreements.

By the time the case was heard, in February 2017, the defendant had been compelled to concede that the statutory regulation of motor insurers and the private law arrangements with the MIB for compensating victims of uninsured or untraced drivers do not conform with the Directive.

In December 2016, the defendant consulted on amending the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll