header-logo header-logo

26 October 2017
Categories: Legal News , Brexit , Insurance surgery , Personal injury
printer mail-detail

Ruling equips claimants with new right of action

nlj_7767_cover

The European Court of Justice ruling in Farrell v Whitty (C-413/15), this month, fixes the Motor Insurance Bureau (MIB) with a completely new liability to compensate motor accident victims aff ected by the government’s longstanding failure to implement the European Motor Insurance Directives (the Directives) properly, according to insurance expert Dr Nicholas Bevan.

Bevan, a solicitor, said: ‘In Farrell the court ruled that the Irish compensating body, MIB of Ireland, was subject to the direct eff ect of the Directives. This means that it is now liable to compensate victims of vehicles that are uninsured in circumstances wrongly excluded from compulsory insurance in Ireland. The MIB was set up in almost identical circumstances.

‘Hitherto it was settled law that the MIB was not an emanation of the state and thus not vicariously liable for the government’s legislative shortcomings in this way.’

Bevan continued: ‘Farrell is the most important ruling on state liability for over a quarter century. Its impact extends beyond the Motor Insurance Directives it addresses. Its effect is to extend the range of organisations that are capable of being pinned with a direct liability to compensate individuals adversely aff ected by a state’s failure to implement a Directive. It equips claimants with a new right of action grounded in EU law.’ (State liability: betwixt & between Brexit)

 

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll