header-logo header-logo

16 April 2015 / Nicholas Bevan
Issue: 7648 / Categories: Opinion
printer mail-detail

No through road

nlj_april_17_bevan

Nicholas Bevan explains why Delaney is a game changer

In Delaney v Secretary of State for Transport [2015] EWCA Civ 172, the Court of Appeal upheld Mr Justice Jay’s strident finding that the UK government was liable to compensate a seriously injured car passenger for his injuries. Its liability was due to the failure by successive governments to extend adequate compensatory protection to third party victims, as required under European law.

Empty victory

This Francovich action arose out of an earlier claim by Sean Delaney against his driver (Shane Pickett) and the vehicle’s motor insurers (Tradewise). It proved to be something of an empty victory. Although the driver admitted full responsibility for the accident, he was not the main target. Delaney’s only hope of recovering his extensive compensatory needs depended on his establishing that Tradewise was also liable to compensate him: either directly under s 151 of the Road Traffic Act 1988 (RTA 1988), or indirectly as agents of the Motor Insurance Bureau (MIB) under the terms of the Uninsured Drivers Agreement 1999.

Delaney’s first set-back was in January 2011 when HHJ Gregory dismissed both

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