THIRD PARTY MOTOR INSURANCE - The Vnuk Ruling
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
No comments:
Post a Comment