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23 May 2019 / Nicholas Bevan
Issue: 7841 / Categories: Features , Insurance / reinsurance , Brexit
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Phoenix in flames: lessons from Pilling (Pt 2)

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In the second part of this special series on R & S Pilling t/a Phoenix Engineering v UK Insurance Ltd, Nicholas Bevan analyses the Supreme Court’s approach to motor policy construction

In the second part of this special series, Nicholas Bevan analyses the Supreme Court’s approach to motor policy construction

The first instalment of this two-part feature on R & S Pilling t/a Phoenix Engineering v UK Insurance Ltd [2019] UKSC 16, considered the restrictive way in which the Supreme Court discharged its duty to give effect to the wider scope of Article 3 of EC Directive 2009/103/EC on motor insurance (the Directive) when construing s 145 of Pt VI of the Road Traffic Act 1988 (RTA 1988) (see Pt 1 in NLJ, 17 May 2019 p9). The court ruled that it was not possible to ‘read down’ s 145 RTA 1988 to extend its geographic scope to require compulsory third-party cover to extend to the use of vehicles on private premises.

The appeal was made in a contribution

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