Compulsory motor insurance across Europe currently is under the scrutiny of the European Commission, which is carrying out its REFIT review of the Codified Motor Insurance Directive. Although much of that is likely to focus on the challenges of the Vnuk decision, it seems that the other European institutions and stakeholders are also considering the future shape of potentially important aspects of motor insurance law.
The basis of QOCS is that the protection it affords against adverse costs applies to unsuccessful claims for personal injuries. These are conventionally argued in negligence against the defendant whose conduct caused the accident e.g. the negligent driver or employer. But should a statutory claim against an organisation which was not the tortfeasor be regarded as a claim for damages for personal injuries protected by QOCS?
The above is hardly a title to inspire fans of JK Rowling’s most famous character. However, there is a strong link to her best-selling books about the boy wizard in the recent decision on appeal in the road accident claim Cameron v Hussain. The unexpected common feature is bringing legal proceedings against unidentified people.
In 2003, Ms Rowling’s publishers, Bloomsbury, successfully sought an injunction to prevent persons unknown from publishing one of the Harry Potter novels before its scheduled release. The basis of the court’s discretion to allow an action against persons unknown has been developed further in the intervening decade and half, albeit generally in the context of injunctions rather than actions for damages.