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On the right road? (Pt III)

15 February 2013 / Nicholas Bevan
Issue: 7548 / Categories: Features , Insurance / reinsurance , Personal injury
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Nicholas Bevan explains why national law shouldn’t be permitted to undermine the effectiveness of Community law

Uninsured drivers are an unpleasant hazard of modern life. Not only are they statistically more prone to accidents, but their inconsiderate approach to insurance puts their victims in jeopardy of being denied their compensatory entitlement.

We have seen from the first two articles in this series, highlighting how the government is failing to compensate RTA victims, that the primary source of law in this area of practice are the six Motor Vehicle Insurance Directives (MVID) and the European Court of Justice (ECJ) rulings that interpret and apply them (see NLJ, 1 February 2013, p 94 and NLJ, 8 February 2013, p 130).

The first MVID was adopted by the Community and became law in 1972. The last consolidating MVID was adopted in 2009. Both the MVIDs and the ECJ rulings have precedence over both our national legislature and judiciary. Between them, they serve as a blueprint to enable the UK to transpose

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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