Regrettably, this is not a comprehensive update on the whiplash and small claims reforms that are due to be implemented in just over a year. The title is, however, the heading used by Justice Minister Lord Keen in a recent letter about these reforms to the Justice Select Committee.
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.