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The private road justice gap

17 November 2017
Issue: 7770 / Categories: Legal News , Insurance surgery , Personal injury
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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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