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03 November 2017 / Nicholas Bevan
Issue: 7768 / Categories: Features , Insurance / reinsurance , Personal injury
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State liability: betwixt & between Brexit (Pt 2)

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In his second article, Nicholas Bevan explains why the MIB is liable for gaps in the Road Traffic Act 1988

  • MIB liable for gaps in compulsory motor insurance.
  • The Motor Insurance Directives are directly effective.
  • New categories of claim unlocked.

In Pt 1 of this double feature the wider ramifications of the European Court of Justice (ECJ)’s judgment in Farrell v Whitty, Minister for the Environment and others [2017] EUECJ C-413/15 (Farrell 2) were considered. These derive from the broad and purposive approach to be applied when deciding whether it is appropriate extend the rule in Ursula Becker v Finanzamt Münster- Innenstadt [1982] CJEU (Case 8/81) that allows individuals to invoke the wording of a directive in a civil action against a member state that has failed to implement its legislative objectives, where it confers rights on individuals in terms that are sufficiently clear and unconditional.

Farrell 2 provides its own gloss on the factors consistent with direct effect by clarifying the circumstances in which it is

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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