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 recovery of a debt succeeded. The 2003 Regulations must be considered against the background of the Directive. Though member states had a discretion as to whether costs should be paid, respect also had to be paid to the principles of equivalence and effectiveness.
Sir James Munby P FD, McFarlane, Lewison LJJ
[2017] EWCA Civ 932, [2017] WLR(D) 456
Bailii, WLRD
Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, Council Directive84/5/EEC
England and Wales
Costs, Personal Injury, European
Updated: 11 November 2021; Ref: scu.588991
