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01 February 2013 / Nicholas Bevan
Issue: 7546 / Categories: Features , Insurance / reinsurance , Personal injury
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On the right road?

In the first of a special NLJ series, Nicholas Bevan takes the government to task over failures to compensate RTA victims

Last year leave to appeal was sought from the Court of Appeal in three cases featuring our national law provision for guaranteeing that victims of motor vehicle incidents recover their full compensatory entitlement. It is to be hoped that at least one will be heard by the Supreme Court in 2013. If these appeals proceed, the Supreme Court will have to grapple with what appears to be a growing divergence between our domestic law in this area and the more generous provision required by the European Motor Vehicle Insurance Directives. This issue has important implications for insurer and victim alike.

The purpose of this series is to provide timely practical guidance for practitioners on how they should interpret our national law provision in this field of practice correctly. The need for clarification in this area is urgent as our national courts have been approaching the interpretive task from the wrong direction.

Where

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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