The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019
Section 152 Road Traffic Act 1988 to be reformed once more
Two campaign victories!
Reform 1: MIB v Lewis  EWCA Civ 909
Reform 2: Abolition of section 152(2) Road Traffic Act 1988 declarations under Regulation 6 of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019
A long overdue reform
Excerpt from my 2017 article Inception Deception: 'Motor insurers have relied increasingly on 152 RTA 1988 in recent years, particularly in high value claims. It is a uniformly accepted convention that once a court declaration under s 152 (2) is made, the insurer is released from any direct liability to meet a third-party claim, whether contractually or statutorily imposed (ie under either s 151 of RTA 1988 or Reg 3 of the Rights Against Insurers Regulations 2002 (SI 2002/3061). ....This author first criticised this approach for being inconsistent with the protective purpose of the Directives in his JPIL commentary on Delaney v Pickett  EWCA Civ 1532 and again in this journal on 8 February 2013 in ‘On the right road? Pt II’, (see 163 NLJ, 7547 p 130) Fidelidade has vindicated this view.'
I also raised this particular issue initially in various consultation responses to the Department of Transport. When this was ignored, after a long campaign, I manage to persuade RoadPeace to include this issue as one of the numerous grounds where we sought judicial review in 2015. The strength of my argument was later reinforced by the Court of Justice’s ruling in Fidelidade-Compania de Seguros SA v Caisse Suisse de Compensation C-287/16.
Immediate effect through direct effect
[* After this article was posted, Brexit day was postponed by three months]