Three unanimous but erroneous Court of Appeal rulings.
- Delaney v Pickett  EWCA Civ 1532
- EUI Ltd v Bristol Alliance Ltd Partnership  EWCA Civ 1267
- Sahin v Havard & Riverstone Insurance (UK) Ltd  EWCA Civ 1202
My case commentary in the Journal of Personal Injury Law explained why the court had fallen into error on both counts. Since when, the Court of Justice’s ruling in Fidelidade Case C-287/16 in July 2017 has completely vindicated my contention that s152 (2) infringes Article 3 of this Directive and the Department for Transport has since been forced to remove the offending exclusion of MIB liability.
In my New Law Journal article ‘Third Time Lucky’ in January 2017 I explain why the Court of Appeal erred in Sahin in following EUI. Unfortunately, both of these erroneous rulings continue to act as a deadweight for those seeking to uphold their proper entitlement under European law to a compensatory guarantee from a motor insurer: one that is free from any policy breaches or contractual restrictions that apply between the insurer and policyholder.
The profound incompatibility with European law remains. It has been raised as a ground within the ongoing judicial review by RoadPeace against the Secretary of State for Transport. More news about this soon, hopefully.