We have noted previously that the Government’s idea of omitting the definition of whiplash from new legislation (Civil Liability Bill) and putting it in secondary regulations instead was heavily criticised by Parliamentary Committees, Peers and others. It is therefore probably not surprising that the Ministry of Justice (MoJ) has now changed its mind on the point. Continue reading
In its judgment today in Moreno v The Motor Insurers’ Bureau, it could be argued that the Supreme Court used its decision in a case about interpreting a regulation specific to the MIB to make a wider point. That point is that English law (and Scottish & Northern Irish laws) should approach the arrangements in the European Motor Insurance Directives for compensating victims so as to provide compensation on a consistent basis regardless of how any particular claim might be pursued.
The Court of Appeal in Ireland last week heard the Irish MIB’s appeal against the High Court’s decision last September that MIBI members – those motor insurers authorised to write in Ireland – are liable to meet claims, in Ireland, made against Setanta, the collapsed motor insurer. Mr Justice Ryan, President of the Court of Appeal, reserved its judgment to an unspecified date, which he said would be “as soon as possible”. Continue reading