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State liability: betwixt & between Brexit (Pt 1)

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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

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MOVERS & SHAKERS

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

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