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Life in the automated lane

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The legal & regulatory landscape surrounding automated vehicles is taking shape: David Mason considers the questions still to be answered
  • The implementation of Pt 1 of the Automated and Electric Vehicles Act 2018 opens the door for fundamental changes to the civil liability of drivers and insurers.

With the recent implementation of Pt 1 of the Automated and Electric Vehicles Act 2018 (AEVA 2018), the government has taken the first steps towards the lawful use of vehicles on our roads which are controlled by technology, not the driver.

AEVA 2018 is not concerned with the driver assistance devices now commonly available on cars, such as active cruise control or lane monitoring. The legal position is clear so far as they are concerned: the driver remains in charge and fully responsible for the operation of the vehicle.

AEVA 2018 introduces a new class of vehicle—the ‘automated vehicle’—and new concepts of liability for their drivers, and crucially, their insurers.

What’s automated?

An automated vehicle is one which

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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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