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20 April 2012 / Nicholas Bevan
Issue: 7510 / Categories: Features , Personal injury
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Trial & error

Successive governments have failed to protect RTA victims. It’s time to act, says Nicholas Bevan

Two recent conflicting Court of Appeal decisions throw our government’s failure to implement Community law into sharp focus. In the first case, the Court of Appeal applied the correct approach to interpreting our national law in the light of European Community law and revealed a longstanding inconsistency between the compensatory safeguards provided by our state and that prescribed under Community law. That issue was referred to the European Court of Justice (ECJ) for guidance. In the second appeal, which was heard 11 months later, a differently constituted Court of Appeal failed to adhere to the principles applied in the first. In doing so it took a wrong path that ultimately lead to its erroneous decision.

The appeals feature three separate road accidents but each had the following in common: 
  • seriously injured passengers claiming against their drivers; 
  • third party motor insurance cover in place for the vehicles in which the passengers were riding;
  • the driver responsible was not covered to drive the vehicle. 
In the UK our state provides three
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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

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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