Dr Nicholas Bevan

Dr Nicholas Bevan
www.nicholasbevan.com

Wednesday, 18 February 2015

THIRD PARTY MOTOR INSURANCE LEGAL UPDATE

THIRD PARTY MOTOR INSURANCE - The Vnuk Ruling

 MBL Seminars

Half day's training on Motor Insurance law on 20th March 2015, in Manchester


Last September the Court of Justice for the European Union delivered what is possibly the most important ruling on the true nature, scope and extent of the third party motor insurance requirement imposed under the European directives on motor insurance. The decision in Damijan Vnuk v Zavarovalnica Triglaw exposes fundamental defects in the UK national law provision for safeguarding the compensatory entitlement of motor accidents.

Vnuk has an immediate and retrospective effect which not only extends the geographic and technical scope of third party motor insurance but also opens up new litigation opportunities for victims who have already been wrongly refused or denied compensation either from a motor insurer or the MIB.

This course will cover the following:

Conflict of Laws
·                     1934 - 2014 The Road Traffic Act - Qualified cover and restrictive scope
·                     1973 - 1990 Three European Directive - Evolving provision
·                     1996 - 2014 Six Court of Justice rulings culminating in Vnuk
The New Overriding Comprehensive Protective Principle
·                     The insurance requirement
·                     The compensating body
·                     The direct right
European Law Basics
·                     Consistent interpretation of national law and its limits
·                     Basic European law principles
·                     Applying EU law, direct effect, indirect effect
Getting Stuck In
·                     Comparing UK and EU provision
o                  The duty to insure and scope of cover
o                  The permitted exclusions and restrictions
o                  The new role of the MIB, the canard that’s no swan
o                  Which leading authorities are not obsolete or plain wrong
·                     Imminent Reform
o                  Immediate and retrospective effect
o                  DfT Shambles and catch up on derogated vehicles
·                     Myth Busting
o                  Why we are no longer just RTA practitioners
o                  Why the MIB is more than a private contractor and why this matters more than ever before
o                  Why ‘article 75 insurers’ are a confidence trick
o                  Why many common policy restrictions in use are unlawful
·                     New Opportunities
o                  New types of claim
o                  Why we are all European lawyers now
o                  Better, more extensive, compensatory safeguards
o                  Spotting EU law breaches and selecting winners
o                  Remedies
Time Permitting: Foreign Accidents in the EU: Easier, Quicker, Simpler
·                     Jurisdiction and Brussels 1
·                     Applicable law and Rom II and the Hague Convention
·                     Procedural Innovation
·                     New Opportunities


All original cutting edge material all this within an amazing 3 hours!  APIL accredited with 3 CPD points.

To book your place, please contact MBL Seminars direct.

Recent feedback from delegates:

  • Nick is a brilliant and enthusiastic speaker
  • Nick made a rather dry and technical subject understandable and, dare I say it, fun’  ‘In one hour Mr Bevan presented the best overview of the civil justice reforms that I have read or heard’  
  • The course notes are superb
  • Excellent speaker, very enthusiastic and probably the best I've seen
  • Great materials, very knowledgeable, very detailed notes
  • Enthusiasm of the speaker regarding the current application of EU law put a new perspective
  • on how we look at this area of law and how this should be used to the clients advantage, very
  • interesting!
  • The speaker made a quite complicate subject very clear and easy to follow, taking time to
  • explain points he thought needed more explanation H
  • Course materials in vast quantity and detail - a good thing 
  • Delivered with great enthusiasm 
  • Fantastically knowledgeable speaker
  • I found Nick Bevan one of the most knowledgeable and interesting speakers i have been on a course with in a long time
  • Very enthusiastic and passionate speaker
  • V passionate, much better than the other speakers in this area
  • Extremely knowledgeable, very comprehensive

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