Too Little, Too Late? Brexit Day, Transitional Periods and the Implications of MIB v Lewis

MARSON, James and FERRIS, Katy (2019). Too Little, Too Late? Brexit Day, Transitional Periods and the Implications of MIB v Lewis. European Law Review.

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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.

Item Type: Article
Uncontrolled Keywords: 1801 Law
SWORD Depositor: Symplectic Elements
Depositing User: Symplectic Elements
Date Deposited: 10 Sep 2019 11:36
Last Modified: 10 Sep 2019 11:36
URI: http://shura.shu.ac.uk/id/eprint/25098

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