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Reforming Motor Insurance Law

Updated: Nov 15, 2018

27 MAY 2015 (WED) | 19:00-20:00

Wang Gungwu Theatre, Graduate House, The University of Hong Kong.



Professor Rob Merkin QC

Professor of Commercial Law at the University of Exeter and Special Counsel to international law firm DLA Piper

Professor Rob Merkin QC is Professor of Commercial Law at the University of Exeter and Special Counsel to international law firm DLA Piper. He has written a number of texts on insurance law, including Colinvaux's Law of Insurance in Hong Kong. He edits the Journal of Business Law and co-edits the Lloyd's Law Reports. He teaches insurance law at LLM level in England, Greece, Hong Kong, Australia and New Zealand. He was special adviser to the House of Lords Special Bills Committee on the Insurance Act 2015, and in March 2015 was appointed QC honoris causa by the Crown for his contribution to insurance law.



The obligation on Hong Kong road users to hold motor insurance is founded on a model first developed in England in 1930, as modified in 1934 and again in 1946. Since then the law in England – supplemented by EU developments – has developed apace.

Key modifications include: Extension to property damage ; Coverage for the victims of untraced drivers ; A true "direct" action against the driver's;insurers ; An obligation on the registered keeper to obtain insurance; A requirement for insurance to be covered for use on private land ; A gradual move from insurance of the driver to insurance of the vehicle.

This lecture will outline the differences between the English and Hong Kong systems and will consider whether the former has gone too far or whether the latter is in need of overhaul, or indeed both. The lecture will also look at recent developments in the law relating to fraudulent claims against motor insurers, and to fraudulent claims against motorists.



Institute of Transport Studies, HKU (ITS)



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