Resolving the Inconsistency between National and EU Motor Insurance Law. Was Factortame the Solution nobody Sought?

Marson, J; Alissa, H; Ferris, Katy

Abstract

In this article we argue that the continued uncertainty of UK national motor vehicle insurance law when viewed in respect of its EU parent, the Motor Vehicle Insurance Directive (MVID), has not been satisfactorily addressed using the remedy available through the non-contractual liability of the State. The existing enforcement mechanisms have equally been haphazard in their effectiveness and success in affording rights to third-party victims. Given the link between the MVID and the free movement of persons and goods on which the harmonization of insurance protection was based, we present the first article establishing an argument for the offending aspects of UK national law to be disapplied. Whilst the UK has concluded its agreement to withdraw its membership from the EU and thus to be bound by EU law and the jurisprudence of the Court of Justice, until the transitional period is completed the UK remains aligned to EU law. It is committed to follow superior EU law and the judgments of the Court of Justice. Hence the remedy issued from the Factortame line of case authorities may prove to be the most effective way to grant access to rights which continue to be denied to victims in the UK.

• Journal Article Type: Article
• Acceptance Date: Apr 29, 2020
• Online Publication Date: Jan 27, 2021
• Publication Date: Jan 27, 2021
• Deposit Date: Jul 15, 2020
• Publicly Available Date: Jul 17, 2020
• Journal: German Law Journal
• Print ISSN: 2071-8322
• Electronic ISSN: 2071-8322
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 22
• Issue: 1
• Pages: 122-146
• DOI: https://doi.org/10.1017/glj.2020.98
• Keywords: Breach of EU law; Factortame; Francovich v Italy; HS2; motor vehicles; MVID
• Public URL: https://nottingham-repository.worktribe.com/output/4364545
• Publisher URL: https://www.cambridge.org/core/journals/german-law-journal/article/resolving-the-inconsistency-between-national-and-eu-motor-insurance-law-was-factortame-the-solution-nobody-sought/D681BE3FF5BEE5BB788753FA6DBB14A9