header-logo header-logo

State liability: betwixt & between Brexit (Pt 1)

nlj_7767_bevan

In his latest NLJ mini-series, Nicholas Bevan explains why the ECJ ruling in Farrell 2 opens up hundreds of new claims for accident victims wrongly excluded from cover by defective UK law

  • The direct effect of Directives is widened.
  • Directives can be invoked as though set out in statutory form.
  • MIB directly liable for gaps in the Road Traffic Act 1988.

The European Court of Justice (ECJ)’s ruling in Farrell v Whitty, Minister for the Environment and others [2017] EUECJ C-413/15 (Farrell 2 ) 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 affected by a state’s failure to implement a Directive.

Farrell 2 explains how national courts should apply the bundle of criteria (set out in paras [18] to [20] of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll