Dr Nicholas Bevan

Dr Nicholas Bevan

Wednesday, 31 August 2016

MIB Webinar on 15 September: new remedies

APIL Webinar: Thursday 15 September 2016, between 13.00 and 14.00 hrs

Presented by Nicholas Bevan of Nota Bene Legal Consulting

              “Very clear, concise delivery. Points very well explained.”

Most practitioners are aware that the compensatory protection for motor accident victims under the Road Traffic Act 1988 and in both MIB Agreements falls below the minimum standard of protection required by the EU directive on motor insurance. This illegality is currently the subject of an ongoing judicial review.

Under the current schemes, some incidents fall completely outside the scope of MIB liability and third party cover, for example:
  • Accidents in places that don’t require TP cover, such as private lanes and parking areas
  • Accidents featuring a type of motor vehicle that does not require TP cover: such as a go cart, electric skateboard, or a piece of farm machinery etc.

In numerous other claims the MIB rely on exclusions or restrictions of liability (purportedly conferred in its agreements with the Secretary of State for Transport) where these are not permitted under European law.

Every year, many injured claimants face a stark dilemma: of either being left undercompensated or empty handed or embarking on the hazardous and costly process of pursing a Francovich action against the state, a route made even more risky due to the UK’s exit from the EU .

New ground breaking research reveals that the MIB is directly responsible for compensating anyone injured by an event that ought to be covered by motor insurance (under EU law) but isn’t. The claim is pursued as an ordinary personal injury action with the benefit of QOCS.

This webinar explains the relevant law and outlines the process that will be covered in more detail in the forthcoming full day APIL training day on Mastering MIB claims.

This is new, not to be missed, cutting edge and essential law for anyone handling motor accident claims.

Brexit won’t directly alter our law for at least 2 years and the rule of retrospectively means that that European law remedies applies to a minimum of a 5 year tranche of claims.

Alternatively, contact Anthony Lord at: 0115 958 0585 ; training@apil.org.uk

Thursday, 11 August 2016


Personal injury law firms and practitioners need to be aware that the government is consulting on its proposals for reforming:
  • the scope of motor third party insurance cover
  • construction and use regulations
  • the Highway Code
 The government is keen to encourage the commercial opportunities presented by rapidly developing automotive technologies. It believes that within 2 - 4 years could see the introduction on our roads of vehicles equipped with advanced driver assistance systems.  These  will enable vehicles to assume control the driving in certain scenarios, such as in motorway traffic and remote parking. These will not be truly driverless vehicles as human supervision will still be necessary even when these systems are engaged. 

The government does not believe that fully automated / driverless vehicles will be ready for the market until the mid 2020s.

The report is published by the Centre for Connected & Autonomous Vehicles which is a jointly run policy unit managed by the Department for Transport and the Department for Business, Innovation and Skills.  Follow this link for the report: Pathway to Driverless Cars: Proposals to support advanced driver assistance systems and automated vehicle technologies.

Law firms that have any significant RTA caseload would be wise to study these proposals as they could have an impact on the legal and regulatory framework that apply to road accident claims. There is a growing concern that the legal implications of its proposals have not been fully thought through. It is important that any misconceptions are flagged up by lawyers practicing in this field.

The deadline for responding is 9 September 2016.