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15 February 2013 / Nicholas Bevan
Issue: 7548 / Categories: Features , Insurance / reinsurance , Personal injury
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On the right road? (Pt III)

Nicholas Bevan explains why national law shouldn’t be permitted to undermine the effectiveness of Community law

Uninsured drivers are an unpleasant hazard of modern life. Not only are they statistically more prone to accidents, but their inconsiderate approach to insurance puts their victims in jeopardy of being denied their compensatory entitlement.

We have seen from the first two articles in this series, highlighting how the government is failing to compensate RTA victims, that the primary source of law in this area of practice are the six Motor Vehicle Insurance Directives (MVID) and the European Court of Justice (ECJ) rulings that interpret and apply them (see NLJ, 1 February 2013, p 94 and NLJ, 8 February 2013, p 130).

The first MVID was adopted by the Community and became law in 1972. The last consolidating MVID was adopted in 2009. Both the MVIDs and the ECJ rulings have precedence over both our national legislature and judiciary. Between them, they serve as a blueprint to enable the UK to transpose

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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