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17 November 2017
Issue: 7770 / Categories: Legal News , Insurance surgery , Personal injury
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The private road justice gap

Judge backs compulsory third party insurance on private land

A High court Judge has backed the calls of a car crash victims’ charity for compulsory third-party insurance to be extended to vehicles on private land.

Delivering his judgment in RoadPeace v Secretary of State for Transport & Ors [2017] EWHC 2725 (Admin) last week, Mr Justice Ouseley agreed that domestic law should be changed to make insurance compulsory for an off-road vehicle driven in a way ‘consistent with its normal purpose’.

He said he saw ‘no reason why a declaration [of the incompatibility of domestic law with the EU Directive on Motor Insurance] should not be made’.

The EU Directive provides that compensation schemes should treat victims of uninsured drivers no less favourably than those of insured drivers. Under UK law, however, the Motor Insurers’ Bureau (MIB) will only compensate victims of uninsured drivers in circumstances where insurance was compulsory.

Despite backing legislative change, Ouseley J rejected RoadPeace’s argument that current UK legislation unlawfully excludes some victims from the protection of the Motor Insurers’ Bureau (MIB) and/or unlawfully restricts the amount of compensation they are entitled to.

Vijay Ganapathy, partner at Leigh Day, which acted for RoadPeace, said: ‘Many who have been injured by uninsured drivers of other types of vehicles such as farm tractors have been denied compensation by the MIB. Thankfully therefore this judgment means the MIB are less able to advance this argument.’

Motor insurance campaigner, solicitor Dr Nicholas Bevan welcomed the judgment but described it as ‘a curate’s egg’.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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