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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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