Nicholas Bevan
Nicholas Bevan, solicitor, mediator,legal consultant, legal trainer, personal injury claims, employers liability, serious injury, catastrophic injury, road traffic accident 1988, motor insurers bureau, MIB claims, uninsured drivers, untraced drivers, european motor insurance directives, law reform

Solicitor, mediator, consultant and trainer

Nicholas Bevan piawards_winner.jpg, Nicholas Bevan, solicitor, mediator,legal consultant, legal trainer, personal injury claims, employers liability, serious injury, catastrophic injury, road traffic accident 1988, motor insurers bureau, MIB claims, uninsured drivers, untraced drivers, european motor insurance directives, law reformNicholas Bevan BlogspotGlobal_Awards_PI_lawyer_of_the_Year_2016.JPG

Dr Bevan's NOTA BENE blog

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PI Lawyer

of the Year

Outstanding Achievement

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Halsbury Rule of Law Award

NEWS AND UPDATES

 

The RoadPeace judicial review

Nicholas was behind R (on the application of RoadPeace) v Secretary of State for Transport and the MIB  2018.  This long running judicial review forced the government to introduce important reforms to the way the Motor Insurance Bureau (MIB) manage claims against uninsured and untraced drivers. In addition to amending the Uninsured Drivers Agreement 2015 it introduced a new Untraced Drivers Agreement 2017 that removed many arbitrary and unjust strike out and exceptions of liability that breached the minimum standard of protection required by the EC Motor Insurance Directive 2009/103/EC.  Mr Justice Ouseley also delivered declarations of the Road Traffic Act 1988’s non-conformity with EU.  These are reforms that Nicholas has actively campaigned for since 2013. See blog entry: An inconvenient truth.

 

Consultancy services

He is advising several law firms in claims involving serious motor accidents occurring either on private property or featuring unusual vehicles which under UK law are not subject to compulsory third party insurance but which ought to be under European law.  His expertise in UK and European law enables private individuals to invoke the superior and binding effect of the Motor Insurance Directives to bridge the gaps in the UK’s implementation. Compulsory insurance should extend to private property, to all mechanically propelled vehicle types and include product liability cover but it doesn’t.  See blog.

 

Accurate analysis and predictions

Nicholas' case commentaries and published articles anticipated the Court of Justice’s landmark rulings in Damijan Vnuk (Case C-162/13) 2014, Fidelidade (Case C-287/16)2017 and Farrell no.2 (Case C413/15) in 2017 .His criticism of the Court of Appeal's unanimous ruling in EUI v Bristol Alliance was vindicated by the Vnuk and a line of consistent Court of Justice rulings. The Court of Appeal’s decision in Delaney v Secretary of State for Transport in 2014 (which ruled that the government was liable to compensate a passenger victim wrongly denied compensation under the MIB scheme) and the landmark first instance decision in Lewis v Tindale & MIB 2018 (which holds that the MIB is fixed with state liability to compensate victims denied compensation under our national laws in breach of EU law) were both premised on Nicholas’ cutting-edge research and publications.  Nicholas provided the first critical assessment of the Automated And Electric Vehicles Act 2018 and the serious inadequacies in our common law and statutory provision in this area, see his two-part feature in the New Law Journal: Driverless Vehicles: a future perfect?