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03 November 2017 / Nicholas Bevan
Issue: 7768 / Categories: Features , Insurance / reinsurance , Personal injury
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State liability: betwixt & between Brexit (Pt 2)

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In his second article, Nicholas Bevan explains why the MIB is liable for gaps in the Road Traffic Act 1988

  • MIB liable for gaps in compulsory motor insurance.
  • The Motor Insurance Directives are directly effective.
  • New categories of claim unlocked.

In Pt 1 of this double feature the wider ramifications of the European Court of Justice (ECJ)’s judgment in Farrell v Whitty, Minister for the Environment and others [2017] EUECJ C-413/15 (Farrell 2) were considered. These derive from the broad and purposive approach to be applied when deciding whether it is appropriate extend the rule in Ursula Becker v Finanzamt Münster- Innenstadt [1982] CJEU (Case 8/81) that allows individuals to invoke the wording of a directive in a civil action against a member state that has failed to implement its legislative objectives, where it confers rights on individuals in terms that are sufficiently clear and unconditional.

Farrell 2 provides its own gloss on the factors consistent with direct effect by clarifying the circumstances in which it is appropriate to extend this special rule to organisations that

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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

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