Vnuk: Scope Of UK Motor Insurance Re-Set To "Road Or Other Public Place"

• Published date: 04 May 2022
• Subject Matter: Insurance, Transport, Rail, Road & Cycling, Insurance Laws and Products
• Law Firm: BLM
• Author: Mr Alistair Kinley and Kerris Dale

The Motor Vehicles (Compulsory Insuance) Act 2022 was passed yesterday when it received Royal Assent. An identically named Act applying to Northern Ireland also secured Royal Assent this week. The effect of both Acts is to remove, from the motor insurance law of all three UK jurisdictions, the interpretation of compulsory insurance set down by the European Court in 2014 in the seminal case Vnuk v Zararovalnica.

The Vnuk interpretation would have added liability for non-road motor vehicles and for any use away from roads or other public places to the scope of UK compulsory insurance. Case law since 2014 had established that the Motor Insurer's Bureau could be held liable in these circumstances and the Government Actuary's Department estimated the potential cost to be around '50 per UK motor policy per year. Commenting this week, MIB CEO Dominic Clayden said:

"The MIB...