In the first of a special NLJ series, Nicholas Bevan takes the government to task over failures to compensate RTA victims
Last year leave to appeal was sought from the Court of Appeal in three cases featuring our national law provision for guaranteeing that victims of motor vehicle incidents recover their full compensatory entitlement. It is to be hoped that at least one will be heard by the Supreme Court in 2013. If these appeals proceed, the Supreme Court will have to grapple with what appears to be a growing divergence between our domestic law in this area and the more generous provision required by the European Motor Vehicle Insurance Directives. This issue has important implications for insurer and victim alike.
The purpose of this series is to provide timely practical guidance for practitioners on how they should interpret our national law provision in this field of practice correctly. The need for clarification in this area is urgent as our national courts have been approaching the interpretive task from the wrong direction.
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