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.
- 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.
