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ECJ decision on Wilkinson v Churchill


Posted by: Andrew Underwood See other articles by Andrew Underwood
Date: 02/12/2011

Wilkinson ECJ decisionThe European Court of Justice (ECJ) has handed down the long awaited decision in the conjoined cases of Wilkinson v Churchill and Cockayne v Evans.

The ECJ has decided that section 151.8 of the Road Traffic Act does not comply with the European Directives on the harmonisation of motor insurance.

This means that the Section cannot operate in a manner which precludes a claimant of his entitlement to damages as a victim, even though he has allowed his vehicle to be driven by an uninsured driver who has caused the loss. 

However this is not the end of the argument....

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