header-logo header-logo

Driven to distraction over PI laws

05 April 2012
Issue: 7509 / Categories: Legal News
printer mail-detail

Motor accident compensation laws "fall short of EC standards"

National laws on compensation for motor accident victims in the UK fall short of European Community law standards, a personal injury expert has warned.

Consequently, lawyers working in this field could find themselves exposed to professional negligence claims, according to Nicholas Bevan, director of enablelaw.

The failure to implement EC law has been thrown into “sharp focus” by two recent—and conflicting—Court of Appeal decisions, he says.

In Churchill Insurance v Wilkinson [2010] EWCA Civ 556, the passengers, who were insured, allowed an uninsured driver behind the wheel. Delaney v Pickett [2011] EWCA Civ 1532 involved a reckless driver who was found to be in possession of a large amount of cannabis. In both cases, the insurers argued the accident victims had breached their policy terms and were therefore not entitled to a payout.

According to Bevan, the national courts do not take sufficient account of the European Motor Insurance Directives and accompanying European jurisprudence.

“What the Delaney and Wilkinson appeals demonstrate is that the compensatory safeguards provided to victims of road accidents under our national law are inadequate,” he says.

“They are arcane and difficult to decipher, contrary to European law and thus in need of urgent revision. In the meantime, for those practising in this field without a firm grasp of these issues, it remains an area of potential exposure to professional negligence claims.”

A series of articles by Bevan for NLJ on motor accident compensation will begin later this month.

Issue: 7509 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll