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Too little, too late? Brexit Day, transitional periods and the implications of MIB v Lewis

Mason, J.; Ferris, Katy

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Authors

J. Mason

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KATY FERRIS Katy.Ferris@nottingham.ac.uk
Associate Professor



Abstract

For several decades the UK has been in breach of key aspects of the Motor Vehicle Insurance Directives (MVID). This has been observed through academic commentary and confirmed in successful state liability claims. There has also been a manifestly inconsistent approach taken by national courts at first instance and at appeal in the correct application of EU jurisprudence. In 2018 the High Court reversed years of inconsistent jurisprudence and changed key aspects of national protection for the third party victims of negligent uninsured drivers. In short, the 2018 High Court decision in Lewis v Tindale, as confirmed in MIB v Lewis [2019] at the Court of Appeal, extended the geographic scope of compulsory motor insurance, held the national compensatory body as an emanation of the state, and confirmed directly effective elements of the MVID. In relation to motor vehicle insurance, the importance of these decisions cannot be overstated. They represent a genuine sea-change in approach and acceptance nationally of established EU jurisprudence. Yet the victory is likely to be short-lived given the UK's imminent withdrawal from the EU and the intransigence of the government and the MIB to give effect to the rulings.

Journal Article Type Article
Acceptance Date Sep 5, 2019
Publication Date 2020
Deposit Date Sep 9, 2019
Publicly Available Date Jan 1, 2022
Journal European Law Review
Print ISSN 0307-5400
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 2020
Issue 3
Pages 415-426
Keywords Brexit; direct effect; liability on private land; Motor Insurers' Bureau; motor vehicle insurance directive; Road Traffic Act 1988; statutory interpretation
Public URL https://nottingham-repository.worktribe.com/output/2591711
Publisher URL https://dialnet.unirioja.es/servlet/articulo?codigo=7491716

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