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Articles matching "road traffic act 1988"
Changes to Road Traffic Act 1988 and declarations of policy avoidance
On 1st July 2019 the Department for Transport placed before Parliament the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 which will amend the Road Traffic Act 1988.…
Read moreCourt of Appeal imposes broad direct obligation on MIB in Lewis v Tindale
Amy Jeffs and Charlie Mahoney consider the Court of Appeal's judgment in MIB v Lewis, looking at the original decision, the basis on which the MIB brought the appeal, the court's judgment, and the…
Read moreSupreme Court provides guidance on Road Traffic Act and policy interpretation
The Supreme Court has unanimously allowed the motor insurer's appeal in R&S Pilling t/a Phoenix Engineering v UK Insurance Ltd. The decision provides welcome clarity on the scope of the Road Traffic…
Read moreCameron v Hussain: Supreme Court allows insurer's appeal
In 2017 we reported on the Court of Appeal decision in Cameron v Hussain. Today the Supreme Court handed down the hotly anticipated judgment in the appeal of that decision. The Supreme Court upheld…
Read moreThe Vnuk legacy: claims against the MIB for accidents on private land
The combined impact of Brexit and prolific judicial activity in the field of motor insurance both in the Court of Justice of the European Union and the English and Welsh courts has brought with it…
Read moreCommission proposes to clarify Motor Insurance Directive to maintain Vnuk ruling
The European Commission has released the outcome of deliberations on the operation of the scope of the Motor Insurance Directive ("the Directive") which it began following the highly publicised CJEU…
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Court of Appeal allows RTA claim to proceed against unidentified driver
The Court of Appeal has ruled that the victim of a road traffic accident can bring proceedings against an unidentified driver of an identified vehicle. Nicola Dunk examines the implications arising…
Read moreDepartment for Transport publishes Vnuk consultation on options for amending domestic insurance law
Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…
Read moreAssessing and addressing the impact of Vnuk
On 8 June 2016 the European Commission published a ‘Roadmap’ document reviewing the ruling in Vnuk and raising a number of possible adaptions to the scope of Directive 2009/103/EC on motor insurance…
Read moreThe Deregulation Act removes the red tape but not the need for careful consideration
The Deregulation Act 2015 was introduced with the aim of reducing the burden of legislative “red tape” upon business. Section 9 and Schedule 3 of the Act will be of great interest to motor insurers as…
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