header-logo header-logo

05 April 2012
Issue: 7509 / Categories: Legal News
printer mail-detail

Driven to distraction over PI laws

Motor accident compensation laws "fall short of EC standards"

National laws on compensation for motor accident victims in the UK fall short of European Community law standards, a personal injury expert has warned.

Consequently, lawyers working in this field could find themselves exposed to professional negligence claims, according to Nicholas Bevan, director of enablelaw.

The failure to implement EC law has been thrown into “sharp focus” by two recent—and conflicting—Court of Appeal decisions, he says.

In Churchill Insurance v Wilkinson [2010] EWCA Civ 556, the passengers, who were insured, allowed an uninsured driver behind the wheel. Delaney v Pickett [2011] EWCA Civ 1532 involved a reckless driver who was found to be in possession of a large amount of cannabis. In both cases, the insurers argued the accident victims had breached their policy terms and were therefore not entitled to a payout.

According to Bevan, the national courts do not take sufficient account of the European Motor Insurance Directives and accompanying European jurisprudence.

“What the Delaney and Wilkinson appeals demonstrate is that the compensatory safeguards provided to victims of road accidents under our national law are inadequate,” he says.

“They are arcane and difficult to decipher, contrary to European law and thus in need of urgent revision. In the meantime, for those practising in this field without a firm grasp of these issues, it remains an area of potential exposure to professional negligence claims.”

A series of articles by Bevan for NLJ on motor accident compensation will begin later this month.

Issue: 7509 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll