The announcement yesterday (19 March 2020) of an inflationary increase in statutory bereavement damages in England & Wales once again brings approaches to valuing of this head of loss into focus. This piece looks at the differences across jurisdictions within the UK. It is worth emphasising that this is an entirely devolved topic for the UK’s constituent jurisdictions and that there is no evidence at all of any legislative moves towards harmonisation in this discrete area.
In an Order published on 14 February, the Court of Justice of the EU showed it continues to interpret the scope of compulsory insurance in the Motor Insurance Directive, widely to give maximum effect to the protection of injured parties. This will come as little surprise given its approach since Vnuk in 2014.
Just like the town folk in the fairy tale about the duped naked Emperor, we could all see that something odd was going on here but none of us called it out. The Lord Chancellor Robert Buckland now has.
In a Parliamentary statement today he confirmed that implementation of the whiplash reforms will be delayed until 1 August 2020. He also clarified important aspects of the package of measures, including handling arrangements for vulnerable road users and the shelving of plans for ADR.