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05 April 2012
Issue: 7509 / Categories: Legal News
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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
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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