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

MARSON, James, ALISSA, Hasan and FERRIS, Katy (2021). Resolving the Inconsistency between National and EU Motor Insurance Law. Was Factortame the Solution nobody Sought? German Law Journal, 22 (1), 122-146. [Article]

Documents
26186:566911
[thumbnail of Marson-ResolvingInconsistencyBetween(VoR).pdf]
Preview
PDF
Marson-ResolvingInconsistencyBetween(VoR).pdf - Published Version
Available under License Creative Commons Attribution.

Download (343kB) | Preview
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.
More Information
Statistics

Downloads

Downloads per month over past year

Metrics

Altmetric Badge

Dimensions Badge

Share
Add to AnyAdd to TwitterAdd to FacebookAdd to LinkedinAdd to PinterestAdd to Email

Actions (login required)

View Item View Item