Further European questions on the compulsory motor insurance regime

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.

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European Parliament resurrects “use in traffic” for determining scope of compulsory motor insurance

The recent draft report from the European Parliament’s Internal Market and Consumer Protection Committee (IMCO) takes a very different approach to the Commission’s recommendations (made this May) for amending the scope of the Motor Insurance Directive (MID) and focuses on the use of motor vehicles in traffic.

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“Use of vehicle” to receive further judicial scrutiny in the Supreme Court

The Supreme Court has granted permission to appeal in R&S Pilling v UK Insurance. The claim stems from a fire, caused by Mr Holden welding has stationary car in order to rectify defects reported in a failed MoT test, which severely damaged the claimant’s building. The case turns on whether welding the car was “use” of the vehicle for the purposes of compulsory insurance (as required by section 143 of the Road Traffic Act 1988). It is difficult to predict when the Supreme Court might hear the case but the fact that it will very much keeps the debate on “use” a very live topic.

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