ALISSA, Hasan (2019). The Compatibility of Motor Vehicle Insurance Law between the UK and EU. Doctoral, Sheffield Hallam University. [Thesis]
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Alissa_2020_PhD_CompatibilityMotorVehicle.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
Alissa_2020_PhD_CompatibilityMotorVehicle.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.
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Abstract
This thesis examines the EU and UK regulation in respect of motor insurance law, including the
Motor Vehicle Insurance Directives (MVID), the Road Traffic Acts 1930 and 1988, the Uninsured
Drivers’ Agreements and the Untraced Drivers’ Agreements. It provides a critical assessment of the
compatibility of national laws with their EU source/parent laws – in both the substantive elements
of the laws and the administrative and procedural rules under which they operate, and, given the
significance of the UK’s withdrawal from the EU, the impact of Brexit is considered.
The study will ably demonstrate the deficiencies in the UK’s transposition of the law and will argue,
given the supporting case law and the underlying rationale for the development of the Directives –
the free movement principles of people and goods, that an rationale can be presented that the
offending aspects of the national law should be disapplied. It is this aspect of the work which is
unique and offers a consistent and certain future for motor vehicle insurance law and the rights of
third-party victims in the UK.
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