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 limitation was allowed by the directive. That failure arose not from any policy, but mere and inexcusable inadvertence. The breach was sufficiently serious to leave the Secretary of State liable for damages.
Judges:
Flaux J
Citations:
[2007] EWHC 1268 (QB), Times 15-Jun-2007, [2008] 2 WLR 234
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Personal Injury, European
Updated: 11 July 2022; Ref: scu.253212