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Catching an ebbing tide

09 June 2017 / Nicholas Bevan
Issue: 7749 / Categories: Features , EU , Insurance / reinsurance
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Sahin’s fate marks a turning point in the tide of European law in this jurisdiction, says Nicholas Bevan

  • The basic proposition is that every motor policy must cover any use made of that vehicle consistent with its normal function.
  • The way is still open to cite European law to challenge institutionalised injustice and unconstitutional irregularity but it is increasingly a case of ‘now or never’.

On 10 April the Supreme Court refused permission to appeal in Sahin v Havard & Riverstone Insurance [2016] EWCA Civ 1202. In ‘Third Time Lucky?’, NLJ , 13 January 2017, p 13 I explained why I believed that the Court of Appeal’s decision flouted European law and it is a view I still hold.

The Sahin appeal

The Sahin appeal considered the extent to which motor insurers can avoid their liability under s 151 of the Road Traffic Act 1988 (RTA 1988) to compensate third-party victims where an assured is in breach of a policy term. This is an important question because this practice is routinely

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NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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