Solicitor, mediator, consultant and trainer
My February 2013 opinion piece: Asleep at the Wheel.
For cutting edge commentary
Campaign for reform
Nicholas' was first to expose the extent to which the statutory and
extra-statutory provision relating to third party motor insurance is
systemically defective. His activism has resulted in extensive reforms and his research has opened up new cause of action for motor accident victims who are wrongly excluded from the protection afforded by compulsory motor insurance cover.
The need for reform
It is not possible to determine
the legal entitlement of third party motor accident victims from wording of the Road Traffic Act 1988. This also applies to the two government schemes for victims of uninsured and unidentified drivers. This lack of legal certainty is bad for victims and for insurers alike. It also flouts the European law it is supposed to implement, it also undermines the original Parliamentary intention that inspired it to make motor insurance compulsory.
Recent reform successes
has been behind the most far reaching review of the UK’s provision for
motor insurance since 1937. His campaigning work produced major reforms
to the Uninsured Drivers Agreement in July 2015 and the RoadPeace judicial review, that he was behind, which has exposed the extensive non-conformity with the EU Directive (2009/103/EC)
on motor insurance along. It forced the government to introduce significant reforms to the uninsured and untraced drivers compensation schemes as well as officially conceding that its legislation
does not comply with the Directive in several important respects.
His recent chapter in the Encyclopedia of Insurance Law presents the case for a completely new cause of action against the Motor Insurers' Bureau based on its vicarious liability under European law for the government's infringements of the Directive. This highly controversial theory became the new orthodoxy in October 2017, following the Court of Justice's ruling in Farrell Case C-413/15. This opens up thousands of potential claims. See Perfect Timing.
Encyclopedia of Insurance Law
Sweet & Maxwell
Halsbury Rule of Law Award