header-logo header-logo

16 April 2015
Issue: 7648 / Categories: Legal News
printer mail-detail

Uninsured driver chaos

Expert warns of “raft” of legal challenges post-Delaney & Vnuk

The law on uninsured drivers is “in a state of shambles” and the government could face a “raft” of legal challenges.

Writing in NLJ this week, motor insurance specialist Nicholas Bevan warns that the recent case of Delaney has changed the game: “The government faces a stark dilemma: it must implement widespread reform or face a raft of expensive legal challenges from a profession that is gradually waking up to this new reality.”

In Delaney v Secretary of State for Transport [2015] EWCA Civ 172, the Court of Appeal unanimously held that the secretary of state failed to properly implement the Second European Directive on Motor Insurance (84/5/EEC). According to Bevan, the case will force the government to rewrite both Motor Insurance Bureau (MIB) agreements that deal with uninsured and untraced drivers. The government already has to amend the Road Traffic Act 1988 and the European Communities (Rights Against Insurers) Regulations 2002 as the result of an earlier case, Damijan Vnuk v Zavarovalnica Triglav C-162/13 .

Bevan says : “The government can no longer assert with any credibility that its national law provision complies with EU law…Delaney places the writing on the wall in terms of state liability for any incompatible exclusions and restrictions of insurer or MIB liability, back to 1996.”

Sean Delaney suffered serious injuries in a crash caused by the driver of the car in which he was a passenger. A large quantity of cannabis was found in their possession. The MIB was able to avoid liability under the Uninsured Drivers Agreement 1999, because the passenger knew the vehicle was being used in the furtherance of crime.

Issue: 7648 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll