Insurance Law Monthly

The decision of the Court of Justice of the European Union in Vnuk v Zavarovalnica Triglav dd Case C-162/13 [2015] Lloyd’s Rep IR 142 has proved to be something of a landmark in the interpretation of the Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103. It was confirmed in that case that a vehicle has to be insured for use on public or private land at any time when it is being used for transport.

The law of illegality was transformed by the decision of the Supreme Court in Patel v Mirza [2016] 2 Lloyd’s Rep 300. Rigid principles were replaced by a flexibility test. There are no post-Patel insurance cases, but the decision of Lord Tyre in the Court of Session Outer House, in D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd [2017] CSOH 42 shows that one particular problem created by the authorities prior to Patel has been removed.