Brexit means … buzzword bingo?

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Minister of State, David Jones managed to cram in at least seven Brexit buzz phrases, highlighted in bold below, in a written reply on 1 December to a recent Parliamentary question about whether the Government would ensure that transitional arrangements are in place before the UK leaves the European Union.

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Brexit: the grand repeal of EU law?

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Wakefield MP Mary Creagh tabled broadly the same question to all major Government Departments last week, asking what proportion of existing EU legislation within each Department’s remit could not immediately be brought into UK law when the UK leaves the EU?

Unsurprisingly, she got very similar answers from the various Departments. This from the Ministry of Defence yesterday (30 November) is typical:

The Government will bring forward legislation in the next session that, when enacted, will repeal the European Communities Act 1972 and ensure a functioning statute book on the day we leave the European Union. This ‘Great Repeal Bill’ will end the authority of EU law and return power to the United Kingdom. The Bill will convert existing EU law into domestic law, wherever practical and in that context all relevant legislation is currently being identified and assessed.

Does this seemingly bland response tell us anything about the Government’s plans for Brexit? Continue reading

Vnuk – constructive solutions to minimise claims risks

I thought Alistair Kinley made a very valid point, in his earlier article of 13 August, calling for constructive solutions to the Vnuk problem. There needs to be a balance drawn between the protection of victims of accidents arising out of motor vehicles and the potential scope, post-Vnuk, of compulsory third party motor insurance (TPMI). Notably, TPMI will be required to cover use of vehicles, off-road, that may result in a contrived or potentially unworkable insurance solution.

Motorsport is an obvious example. At present, motorsport events that occur off-road are not subject to TPMI. Authorised motorsports events are licensed by the sport’s governing body through permits that extends public liability (PL) and personal accident cover for participants and event organisers. However this PL cover does not cover driver-to-driver liability. With this PL risk, post-Vnuk, potentially transferring over to a TPMI risk, not only does this give rise to some interesting liability questions, such as, how does one assess liability in a driver-to-driver collision when racing, but also fundamentally, with unquantified exposure, will there will be any appetite from motor insurers to underwrite the sport in the first instance?

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