Motor vehicle insurance: the right to avoid a motor policy

The decision of the CJEU in Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation and Others Case C-287/16 is likely to be a major shock to the UK motor insurance industry. It demonstrates that the Road Traffic Act 1988 is out of line with EU law as embodied in the Consolidated Motor Insurance Directive 2009 in significant respects.

Many have been arguing this for some years, and those arguments have now been demonstrated to have been entirely justified.