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17 November 2017
Issue: 7770 / Categories: Legal News , Insurance surgery , Personal injury
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The private road justice gap

Judge backs compulsory third party insurance on private land

A High court Judge has backed the calls of a car crash victims’ charity for compulsory third-party insurance to be extended to vehicles on private land.

Delivering his judgment in RoadPeace v Secretary of State for Transport & Ors [2017] EWHC 2725 (Admin) last week, Mr Justice Ouseley agreed that domestic law should be changed to make insurance compulsory for an off-road vehicle driven in a way ‘consistent with its normal purpose’.

He said he saw ‘no reason why a declaration [of the incompatibility of domestic law with the EU Directive on Motor Insurance] should not be made’.

The EU Directive provides that compensation schemes should treat victims of uninsured drivers no less favourably than those of insured drivers. Under UK law, however, the Motor Insurers’ Bureau (MIB) will only compensate victims of uninsured drivers in circumstances where insurance was compulsory.

Despite backing legislative change, Ouseley J rejected RoadPeace’s argument that current UK legislation unlawfully excludes some victims from the protection of the Motor Insurers’ Bureau (MIB) and/or unlawfully restricts the amount of compensation they are entitled to.

Vijay Ganapathy, partner at Leigh Day, which acted for RoadPeace, said: ‘Many who have been injured by uninsured drivers of other types of vehicles such as farm tractors have been denied compensation by the MIB. Thankfully therefore this judgment means the MIB are less able to advance this argument.’

Motor insurance campaigner, solicitor Dr Nicholas Bevan welcomed the judgment but described it as ‘a curate’s egg’.

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
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
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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