Davey, James --- "A compulsory diet of chickens and eggs: the EU Motor Insurance Directives as a shadow tort regime" [2017] ELECD 1329; in Giliker, Paula (ed), "Research Handbook on EU Tort Law" (Edward Elgar Publishing, 2017) 239

Book Title: Research Handbook on EU Tort Law

Editor(s): Giliker, Paula

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785365713

Section: Chapter 9

Section Title: A compulsory diet of chickens and eggs: the EU Motor Insurance Directives as a shadow tort regime

Author(s): Davey, James

Number of pages: 34

Abstract/Description:

The law governing compulsory motor insurance is fundamental to the tort system and subject to considerable harmonisation. It is a vital part of the life cycle of liability and liability insurance. This chapter considers the expansive vision of compulsory insurance as a guarantor of compensation to third parties under European Union (EU) law alongside the subtle and not so subtle resistance evident in the English courts. The need to identify the proper limits on insurer liability to victims of motor accidents is made more pressing by Brexit. United Kingdom law will have to decide – and soon – whether to voluntarily follow EU standards on third-party protection or endanger cross-border travel and trade.