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 no less generous than the scheme which applied as between insured drivers. The British scheme provided for a shorter limitation period for such claimas and accordingly was in breach of European law.
Judges:
Lord Justice Waller, Lord Justice Keene and Lord Justice Carnwath
Citations:
[2008] EWCA Civ 574, Times 02-Jul-2008
Links:
Statutes:
Council Directive 84/5/EEC of 30 December 1983, Untraced Drivers Agreement 1972
Jurisdiction:
England and Wales
Citing:
Appeal from – Byrne (A Minor) v The Motor Insurers Bureau, Secretary of State for Transport QBD 5-Jun-2007
The court was asked whether the UK provisions for the Motor Insurers bureau met the requirements of the European Directive.
Held: The UK had failed to implement the directive properly by imposing a three year limit on claims when no such . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Road Traffic, European, Limitation
Updated: 15 July 2022; Ref: scu.267968
