Automated vehicles: liability, intangibles & satellite litigation

• Limitation, interpretation and application: ensuring the safe deployment of driving automation.

The Law Commission of England and Wales and the Scottish Law Commission (the Law Commissions) have now published two joint consultations on automated vehicles.

The first paper published in November 2018 focused on safety assurance, civil and criminal liability, including contributory negligence as defined within the Automated and Electric Vehicles Act 2018 (AEV 2018), and data retention (see ‘Automated Vehicles: A joint preliminary consultation paper’). The Law Commissions also considered manufacturer’s liability, focusing on product liability under the Consumer Protection Act 1987 (CPA 1987). The second paper, published in October 2019, focused on passenger services (see ‘Automated Vehicles: Consultation Paper 2 on Passenger Services and Public Transport’).

In April 2019, EU commissioner Violeta Bulc said that by 2030 ‘we will have the new generation of vehicles that will be fully automated’. However, the Forum of Insurance Lawyers (FOIL) has warned that there are currently too many