header-logo header-logo

Defending the indefensible

01 December 2017 / Nicholas Bevan
Issue: 7772 / Categories: Opinion , Insurance / reinsurance , Personal injury
printer mail-detail
nlj_7772_bevan

Nicholas Bevan regrets that an opportunity has been missed & justice has not been done

Mr Justice Ouseley delivered his judgment in RoadPeace v Secretary of State for Transport [2017] EWHC 2725 (Admin) on 7 November 2017. This judicial review was brought when the minister ignored RoadPeace’s repeated requests to remove two unlawful exclusions of liability from the Uninsured Drivers Agreement 2015 and to bring the UK’s regulation of motor insurance policies and the compensatory schemes operated by the Motor Insurance Bureau (MIB) into line with the minimum standard set by the Motor Insurance Directive 2009/103/EC (the Directive). The minister had been fully briefed by several well-informed sources about the systemic defects in the UK’s implementation of the Directive, within his own February 2013 consultation on the MIB agreements.

By the time the case was heard, in February 2017, the defendant had been compelled to concede that the statutory regulation of motor insurers and the private law arrangements with the MIB for compensating victims of uninsured or untraced drivers do not conform with the

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll