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Association of Personal Injury Lawyers

Motor liability update

APIL CPD:
Senior Litigator and above - 6 hours

(Please note that the number of CPD hours may be subject to change)

A completely new APIL course packed with cutting edge, ‘must know’ content

Presented by top speaker Nicholas Bevan, this comprehensive day will cover:*

Major reforms to motor insurers’ liability and the MIB

Our national law provision for guaranteeing the compensatory protection of accident victims is the subject of a wide ranging judicial review challenge. Numerous breaches of EU law minimum standards exist. Opportunities for successful challenges abound.

Trouble ahead for the Motor Insurers Bureau
  • The new Uninsured Drivers Agreement 2015: a bodged job
    • Beneficial procedural changes obscure numerous substantive illegality
  • The Untraced Drivers Agreement 2003: a broken reed
    • A fifth supplemental agreement fails to remedy its defects
  • Successfully challenging unlawful exclusions and restrictions in liability
  • Legacy challenges for incidents predating 1 August 2015
  • Direct effect liability against the MIB for the Government’s legislative blunders
    • Why the MIB is liable for off road vehicles and accidents on private property
Motor Insurer’s liability: a legislative shambles
  • Why Part VI Road Traffic Act 1988 is due for major rewrite
  • Unlawful provisions in the Rights Against Insurers Regulations 2002
  • Misuse of s152 declarations
  • The Deregulation Act 2015, making it easier to cancel policies
  • Insurance Act 2015, restricting insurers ability to avoid liability
  • Consumer Insurance (Disclosure and Representations) Act 2012
Why a working knowledge of European law is just as essential to motor claims as in employers’ liability practice
  • EU law bright line standards of minimum compensatory protection - made simple
  • Raising successful legal challenges
General motor liability update
  • Scotland leads the way: clarifying the law on contributory negligence (Scotland only)
  • The key cases on standards of care: children, pedestrians, emergency vehicles
  • Ex turpi causa defences; uses and abuses
  • Highways Act claims
  • primary liability scenarios
  • credit hire and repair claims
  • Update on accidents abroad in Europe

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