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25 July 2019 / Nicholas Bevan
Issue: 7850 / Categories: Features , Insurance / reinsurance
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The MIB’s surrogate state liability (Pt 2)

Dr Nicholas Bevan explains how the Court of Appeal’s ruling in MIB v Lewis casts open the floodgates to compensation
  • The MIB is liable for wide-ranging infringements of EU law within the UK’s compulsory motor insurance regime.
  • The numerous practical implications could prove to be highly disruptive.

In the first part of this series, I considered how the unanimous ruling in MIB v Lewis  [2019] EWCA Civ 909 resolved, in decisive terms, the long-standing controversy over the Motor Insurance Bureau’s (MIB’s) legal status under European law (see Pt 1, NLJ 12 July 2019, p15). The court ruled that the MIB is an emanation of the state that is bound by the direct effect of Articles 3 and 10 of the Sixth Motor Insurance Directive 2009/103 (the Directive). The Directive’s provisions set the standard of the compensatory guarantee mandated under European law for motor accident victims, which the government has failed to fully implement within Part VI of the Road Traffic Act 1988 (the 1988 Act) and the EC Rights Against

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Bell Yard Kysen—Liz Giles

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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