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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 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

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