The Compatibility of Motor Vehicle Insurance Law between the UK and EU

This thesis examines the EU and UK regulation in respect of motor insurance law, including the Motor Vehicle Insurance Directives (MVID), the Road Traffic Acts 1930 and 1988, the Uninsured Drivers’ Agreements and the Untraced Drivers’ Agreements. It provides a critical assessment of the compatibility of national laws with their EU source/parent laws – in both the substantive elements of the laws and the administrative and procedural rules under which they operate, and, given the significance of the UK’s withdrawal from the EU, the impact of Brexit is considered. The study will ably demonstrate the deficiencies in the UK’s transposition of the law and will argue, given the supporting case law and the underlying rationale for the development of the Directives – the free movement principles of people and goods, that an rationale can be presented that the offending aspects of the national law should be disapplied. It is this aspect of the work which is unique and offers a consistent and certain future for motor vehicle insurance law and the rights of third-party victims in the UK.