In his second article, Nicholas Bevan explains why the MIB is liable for gaps in the Road Traffic Act 1988
- MIB liable for gaps in compulsory motor insurance.
- The Motor Insurance Directives are directly effective.
- New categories of claim unlocked.
In Pt 1 of this double feature the wider ramifications of the European Court of Justice (ECJ)’s judgment in Farrell v Whitty, Minister for the Environment and others [2017] EUECJ C-413/15 (Farrell 2) were considered. These derive from the broad and purposive approach to be applied when deciding whether it is appropriate extend the rule in Ursula Becker v Finanzamt Münster- Innenstadt [1982] CJEU (Case 8/81) that allows individuals to invoke the wording of a directive in a civil action against a member state that has failed to implement its legislative objectives, where it confers rights on individuals in terms that are sufficiently clear and unconditional.
Farrell 2 provides its own gloss on the factors consistent with direct effect by clarifying the circumstances in which it
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