header-logo header-logo

02 October 2014 / Nicholas Bevan
Issue: 7624 / Categories: Opinion , Insurance / reinsurance , Personal injury
printer mail-detail

Bad law

commentbevan

Nicholas Bevan suspects an unconstitutional influence from insurers in the motor insurance sector

In June this year the Uninsured Drivers Agreement 1999 was subjected to judicial scrutiny and found wanting ((see Second Sight article on Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB), [2014] All ER (D) 31 (Jun)). The Department for Transport (DfT) was exposed for introducing an exclusion of liability clause that flouted the minimum standards of compensatory protection required under the European motor insurance directives and it was ordered to recompense a seriously injured passenger whom the Motor Insurers Bureau (MIB) had refused to compensate.

One of the most notable features of this case was the DfT’s apparently insouciant disregard of Community law. Its officials were unable, or unwilling, to explain why it had authorised a clause that even in 1999 amounted to a clear and obvious breach of the minimum standards of compensatory protection imposed under the Motor Insurance Directives.

The motor insurance sector is a highly profitable multibillion pound industry. It operates in an artificial market

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
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
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
back-to-top-scroll