BAD LAW

In my latest New Law Journal article, Bad Law (3 October 2014), I argue that the reason why -

• Part VI the Road Traffic Act 1988, and 
• The European Communities Rights Against Insurers Regulations 2002 as well as 
• The Uninsured Drivers Agreement 1999 and 
• The Untraced Drivers Agreement 2003 

- all fail to fully implement European law minimum standards of protection for motor accident victims is because the Department for Transport (DfT) has become overly dependent on the insurance sector for its policy in this area.

The DfT is responsible for providing the legal framework for ensuring that motor accident victims' compensatory entitlement is guaranteed and this is achieved through compulsory third party insurance.  The DfT is also responsible for regulating this statutorily enforced and lucrative market, one that law abiding members of the public finance through their expensive premiums.  

We rely on the Government to be even handed between the conflicting interests of powerful insurers and the vulnerable victims its policy is supposed to protect.  I argue the DfT has in recent years allowed itself to be browbeaten by the well resourced and highly influential insurance lobby and as a result it has failed to act in the best interests of accident victims.  Ministers come and go but insurers enjoy a permanent influence that affords them a significant advantage in the cat and mouse game of politics.  My article, Bad Law, considers some of the evidence that indicates that there are insufficient constitutional checks and controls on the ability of motor insurers to influence government policy.  To paraphrase George Orwell, whilst we are all equal under the law, it seems that some are more equal than others.

CLICK ON THIS IMAGE TO ACCESS THE NEW LAW JOURNAL ARTICLE IN FULL 

The minister must now step up to the breach and remedy these injustices.

To access my other New Law Journal articles, click here.