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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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