Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998

Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, but government had had a choice of institutions through which to implement the Directive. As to the nature of the MIB: ‘Its members are private law insurance companies who have chosen for the time being to write motor insurance business. It is true that they have a statutory position in that it is compulsory for the user of a motor vehicle on the road to take out a policy with a company which is a member of the Bureau. (Section 145 of the Road Traffic Act, 1988). But the Motor Insurers’ Bureau scheme has been in existence from a time earlier than the United Kingdom’s membership of the European Communities (or Union) and agreements between the Bureau and the Secretary of State relating to uninsured drivers and untraced drivers have long formed part of that scheme.’

Judges:

Hobhouse LJ

Citations:

Times 12-Oct-1998, [1998] EWCA Civ 1465, [1999] 1 LLR 30

Jurisdiction:

England and Wales

Citing:

Appeal fromEvans v Motor Insurance Bureau ComC 29-Jul-1997
ComC Untraced Drivers Scheme of the Motor Insurers Bureau – obligation to award interest – power to award interest under section 19A of the 1950 Act. . .
See AlsoEvans v Secretary of State for Environment, Transport and Regions Motor Insurers’ Bureau CA 18-Jan-2001
. .

Cited by:

Appealed toEvans v Motor Insurance Bureau ComC 29-Jul-1997
ComC Untraced Drivers Scheme of the Motor Insurers Bureau – obligation to award interest – power to award interest under section 19A of the 1950 Act. . .
Lists of cited by and citing cases may be incomplete.

European, Personal Injury, Road Traffic, Insurance

Updated: 25 November 2022; Ref: scu.144944