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Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007

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

Carvalho Ferreira Santos: ECJ 7 Dec 2010

ECJ (Approximation Of Laws) Directives 72/166/EEC, 84/5/EEC and 90/232/EEC – Automobile Liability Insurance – Determining liability regime for claims arising from motor vehicle traffic – Limiting the right to compensation from the insurance required based on the contribution to the damage of one of the drivers responsible for the accident – Unable to determine the … Continue reading Carvalho Ferreira Santos: ECJ 7 Dec 2010

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

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

Commission of The European Communities v Ireland: ECJ 21 Feb 2008

ECJ Failure of a Member State to fulfil obligations Incorrect transposition Directive 84/5/EEC Article 1(4) Compulsory insurance for civil liability in respect of motor vehicles Conditions for the exclusion from compensation of passengers in an uninsured vehicle Judges: L. Bay Larsen, P Citations: C-211/07, [2008] EUECJ C-211/07 Links: Bailii Statutes: Directive 84/5/EEC European, Road Traffic … Continue reading Commission of The European Communities v Ireland: ECJ 21 Feb 2008

McMminn v McMinn and Another: QBD 11 Apr 2006

The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 2006

Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016

The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of the European Regulations with UK law predated the Sixth Directive. … Continue reading Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016

Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA: ECJ 14 Sep 2000

ECJ Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family of the insured person or driver. Citations: C-348/98, [2000] EUECJ C-348/98, [2000] ECR 1-6711 Links: Bailii Jurisdiction: European Cited by: … Continue reading Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA: ECJ 14 Sep 2000

Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006

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

Lavrador And Bonifacio (Approximation Of Laws): ECJ 9 Jun 2011

ECJ Insurance against civil liability in respect of the use of motor vehicles – Directives 72/166/EEC, 84/5/EEC and 90/232/EEC – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Conditions for limitation – Victim’s contribution to his own loss or injury – Liability for … Continue reading Lavrador And Bonifacio (Approximation Of Laws): ECJ 9 Jun 2011

Fundo de Garantia Automovel v Juliana: ECJ 4 Sep 2018

Compulsory Insurance v Civil Liability In Respect of The Use of Motor Vehicles – Judgment – Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Second Directive 84/5/EEC – Article 1(4) – Obligation to take out a contract … Continue reading Fundo de Garantia Automovel v Juliana: ECJ 4 Sep 2018

Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017

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

Farrell v Whitty: ECJ 19 Apr 2007

ECJ Compulsory insurance for civil liability in respect of motor vehicles Directives 72/166/EEC, 84/5/EEC and 90/232/EEC Injuries to the passengers of a vehicle – Part of a vehicle not adapted for the carriage of seated passengers. [2007] EUECJ C-356/05, [2007] ECR I-3067, [2007] Lloyd’s Rep IR 525 Bailii Directive 90/232/EEC, Directive 84/5/EEC, Directive 72/166/EEC European … Continue reading Farrell v Whitty: ECJ 19 Apr 2007

Petillo v Unipol: ECJ 9 Oct 2013

Opinion – Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3 – Directive 84/5/EEC – Article 1 – Directive 90/232/EEC – Article 1a – Right to compensation – Limitation of the right to compensation – Non-material damage Wahl AG C-371/12, [2013] EUECJ C-371/12, [2014] EUECJ C-371/12 … Continue reading Petillo v Unipol: ECJ 9 Oct 2013

Csonka v Magyar Allam: ECJ 11 Jul 2013

ECJ Use of motor vehicles – Insurance against civil liability – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 1(4), first subparagraph – Insolvency of the insurer – No payment of compensation by the body providing compensation C-409/11, [2013] EUECJ C-409/11 Bailii Directive 72/166/EEC 3(1), Directive 84/5/EEC 1(4) European, Insurance Updated: 15 November … Continue reading Csonka v Magyar Allam: ECJ 11 Jul 2013

Howe v Motor Insurers’ Bureau: CA 6 Jul 2017

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

White v White and The Motor Insurers Bureau: HL 1 Mar 2001

The requirements as to the extent of knowledge in the mind of a passenger sufficient to defeat a claim against the Motor Insurers Bureau, of the driver’s lack of insurance, was actual knowledge. The rules implemented a European Directive which required knowledge of the absence of insurance, and must be interpreted accordingly so as to … Continue reading White v White and The Motor Insurers Bureau: HL 1 Mar 2001

Byrne (A Minor) v The Motor Insurers Bureau and Another: CA 22 May 2008

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

Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

Candolin Ea (Approximation Of Laws): ECJ 30 Jun 2005

Compulsory motor vehicle insurance – Directives 84/5/EEC and 90/232/EEC – Rules on civil liability – Passenger’s contribution to the loss or injury – Refusal or limitation of the right to compensation.The drunken owner of a car allowed an uninsured but also drunken friend to drive it. The insurer sought to escape payment for his injuries. … Continue reading Candolin Ea (Approximation Of Laws): ECJ 30 Jun 2005

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

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

Knight v Axa Assurances: QBD 24 Jul 2009

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