Our newsflash about the decision today sets out its procedural context and the difficulties that would be associated with allowing a claimant to issue proceedings against an untraced driver.
Another view of the judgment is that it by and large entirely validates the mechanisms of the MIB’s untraced agreement, which are found to be consistent with the relevant European Directive.
Several recent developments which are likely to affect the ultimate policy outcome for motor insurance law in the UK should be noted, namely the ongoing REFIT legislative process and the recent cases BTA Baltic Insurance and Cameron v Hussain.
This title was one MP’s description of the Bill’s provisions (the whiplash reforms, in the main) during yesterday’s long and highly polarised debates on report and third reading of the Bill. The Bill was passed without further amendment (save for a minor linguistic tweak by the Government) by a healthy Government majority of 56. It now passes to the Lords for approval of earlier Commons amendments after which it should receive Royal Assent, which could happen in the coming weeks and before the end of the year.