Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 9: A compulsory diet of chickens and eggs: the EU Motor Insurance Directives as a shadow tort regime

James Davey

Abstract

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.

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