header-logo header-logo

Second sight

03 October 2014 / Nicholas Bevan
Categories: Features , EU , Insurance / reinsurance
printer mail-detail

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll