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.
The Rome II regulation stipulates that questions of limitation should be reserved to the substantive applicable law of the tort. Two recent developments point to answers to whether a court’s national code may override that and to whether there should be a specific regime for limitation in cross border motor claims in particular.