The claimant said that the rejection of his claim against the MIB was out ouf time under the MIB scheme, where, had the claim been against the driver, the claim would have succeeded. Held: The Bureau’s appeal failed. European law imposed a duty to ensure that the scheme for compensating victims of uninsured drivers was … Continue reading Byrne (A Minor) v The Motor Insurers Bureau and Another: CA 22 May 2008
The claimant sought damages saying that the defendant had in its MIB system, failed to implement the European Directive. Judges: Eady J Citations: [2007] EWHC 879 (QB) Links: Bailii Statutes: Council Directive 84/5/EEC Jurisdiction: England and Wales European, Negligence, European Updated: 01 July 2022; Ref: scu.271247
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006
ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States … Continue reading Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009
Qualified Costs Shift applied to claim against MIB The parties had disputed first a claim for compensation against the respondent, and now a costs order and in particular whether the claimant was entitled to the benefit of Qualified One-Way Costs Shifting. Held: The claimant’s appeal against a ruling that the claim was one for the … Continue reading Howe v Motor Insurers’ Bureau: CA 6 Jul 2017
