piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Delaney v Secretary of State for Transport - the “crime exception" is contrary to EU law

The High Court has held that the “crime exception", contained in clause 6(1)(e)(iii) of the Uninsured Drivers' Agreement 1999, is in breach of the United Kingdom's obligations under the EU Motor Insurance Directives and that the claimant is entitled to Francovich damages as a result therof ([2014] EWHC 1785 (QB); see www.bailii.org/ew/cases/EWHC/QB/2014/1785.html).   Given the wide... [More]

A Tale of Two Defences: Drugs, Ex Turpi Causa and the Uninsured Drivers Agreement

What’s the scope of the “criminal conduct” exception in the Uninsured Drivers Agreement and how does it relate to the principle formally known as ex turpi causa? This was the issue before the Court of Appeal in Delaney v (1) Pickett (2) Tradewise Insurance Services Ltd [2011] EWCA Civ 1532. C was a passenger in D’s vehicle and was badly injured because of D&rsquo... [More]