header-logo header-logo

18 April 2013 / Nicholas Bevan
Issue: 7556 / Categories: Opinion , Personal injury
printer mail-detail

Asleep at the wheel?

coverlarge

The government is driving dangerously, says Nicholas Bevan

Road traffic accident practitioners could be forgiven if the department for transport’s consultation paper on updating parts of the Uninsured Drivers Agreement 1999 and the Untraced Drivers Agreement 2003 had escaped their notice (see Review of the Uninsured and Untraced Drivers’ Agreements).

It is regrettable that the consultation paper restricts its scope to a relatively small number of largely peripheral procedural issues confined to claims against uninsured and unidentified drivers. It makes no attempt to address the many egregious defects in the protection afforded to victims; both within these Motor Insurers’ Bureau (MIB) agreements as well as within Part VI of the Road Traffic Act 1988 and the European Communities (Rights against Insurers) Regulations 2002 (SI 2002/3061).

The plain fact of the matter is that the UK’s statutory and extra-statutory provision is not only out of keeping with the original parliamentary objectives of the Road Traffic Act 1930 but it also fails to meet the minimum standards imposed by the Sixth Motor Insurance

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll