header-logo header-logo

17 November 2017
Issue: 7770 / Categories: Legal News , Insurance surgery , Personal injury
printer mail-detail

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll