Nicholas Bevan investigates a case exposing the UK’s failure to properly implement Community law minimum standards of compensatory protection
In June this year the High Court awarded damages to a badly injured car passenger, not as one might expect, against the negligent driver but against the secretary of state for transport instead. The decision attracted notoriety in the national press because the victim was also a petty criminal.
The real significance of this case lies in Mr Justice Jay’s meticulous comparative law analysis that exposes the UK’s long standing failure to properly implement Community law minimum standards of compensatory protection.
Unfortunate antecedents
In November 2006 the claimant, Sean Delaney sustained a serious head injury when he was involved in a head on collision. He had been travelling in a flashy sports car driven by Shane Pickett, who accepted full responsibility; Tradewise Insurance Services Ltd insured the vehicle.
The case was complicated somewhat when the emergency services discovered a large quantity of cannabis hidden in Delaney and Pickett’s clothing. Pickett was subsequently jailed for dangerous driving and for possession of a controlled drug.
On learning that
