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22 February 2013 / Nicholas Bevan
Issue: 7549 / Categories: Features , Insurance / reinsurance , Personal injury
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On the right road (Pt IV)

In his final article on compensation for motor victims, Nicholas Bevan compares & contrasts UK & EU provisions

There is a strong case to argue that the Uninsured Drivers Agreement 1999 (the 1999 agreement) is part and parcel of our national law and thus subject to the Marleasing interpretive principle (see Marleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECR I-4135) and that the normal rules of construction that apply to private agreements produce the same purposive outcome anyway. Furthermore, as the Motor Insurers Bureau (MIB) is probably an emanation of state, any material departure from the minimum levels of compensatory protection prescribed by the Motor Vehicle Insurance Directives (MVIDs) is directly enforceable by the courts.  Even if direct effect does not apply, the UK government is liable for losses sustained by claimants through its failure to properly implement the MVIDs under Francovich and others [1991] ECR 1-5357.

It is arguable, following the ECJ ruling in Churchill, that the 1999 agreement is now confined to the dwindling

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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