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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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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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