Batman, the Hulk and the European Motor Insurance Directive

Last week Advocate General Bobek published his Opinion in the latest ‘use of a vehicle’ and motor insurance case referred to the Court of Justice of the European Union. His view is not binding on the Court, but as it closely reflects the leading decisions in Juliana and Rodrigues de Andrade it seems likely it would be followed when a decision emerges. We look at his view and his super hero references in the body of this post.

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Proposed NI discount rate legislation set to meet resistance in Assembly?

Last week, the Justice Committee of the Assembly held a further hearing with officials from the NI Department of Justice (DoJ). The debates and questioning moved forward from the indications given at the previous hearing on 22 October (i) that the Department proposed to accelerate the passage of legislation to set a new legal framework for the discount rate and consequently did not intend to set an ‘interim’ rate using the 1996 Act and (ii) that Members’ (MLAs) initial view was to resist accelerated passage. The view among MLAs looks now to have hardened against accelerated passage for the new Bill, which could be a real problem for the DoJ in delivering a rate based on a new framework in the second half of next year.

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X v Kuoni – finally some good news for the Claimant?

Recent developments in the case of X v Kuoni case indicate the tide maybe turning in favour of the Claimant. 

As outlined in a previous blog, found here, readers will recall the Supreme Court referred aspects of this case to the Court of Justice of the European Union (CJEU) in July last year.

Whilst the CJEU is yet to provide its judgment in respect of the reference, Advocate General Szpunar has published his opinion (full opinion here), and whilst not binding, it gives an indication of what the CJEU is likely to determine. 

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