Marshall v The Motor Insurers' Bureau & Ors

Marshall v The Motor Insurers' Bureau & Ors

French law applies to the issue of liability for both Mrs Marshall and Mr Pickard. Under French law, both RSA (Ford Fiesta) and Generali (recovery truck) are liable to Mrs Marshall as their vehicles were 'involved' in the accident. The FdG (and thus the MIB) is not liable to Mrs Marshall because other insurers are liable. For Mr Pickard, neither RSA nor Generali are liable under French law, so the FdG (and thus the MIB) is liable to him under the 2003 Regulations.

Parties
Claimant (first Action): Gillian Marshall; First Defendant (first Action) / Defendant (second Action): The Motor Insurers’ Bureau; Second Defendant (first Action) / Claimant (second Action): Christopher Pickard; Third Defendant (first Action): Generali France Assurances
Jurisdiction
England and Wales
Judgment Date
27 November 2015
Procedural Posture
Civil Preliminary Issues (personal Injury / Fatal Accident) / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; liability apportioned as per judgment.
Legal Topics
Applicable Law (rome Ii), Motor Insurance Directives, Loi Badinter, Liability for Road Traffic Accidents, Jurisdiction and Compensation for Uninsured Drivers
Private International Law Insurance Law Tort Law Applicable Law (rome Ii) Motor Insurance Directives Loi Badinter Liability for Road Traffic Accidents Jurisdiction and Compensation for Uninsured Drivers

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Parties

Gillian Marshall

Claimant (first Action)

The Motor Insurers’ Bureau

First Defendant (first Action) / Defendant (second Action)

Christopher Pickard

Second Defendant (first Action) / Claimant (second Action)

Generali France Assurances

Third Defendant (first Action)

Procedural Posture

Civil Preliminary Issues (personal Injury / Fatal Accident) / Judgment on Preliminary Issues

Legal Issues

  1. 1 What is the applicable law for liability in a multi-party, cross-border road traffic accident?
  2. 2 Are the Ford Fiesta and recovery truck 'involved' within the meaning of the Loi Badinter?
  3. 3 Is the Motor Insurers’ Bureau liable under the 2003 Regulations to the claimants?

Ratio Decidendi

French law applies to the issue of liability for both Mrs Marshall and Mr Pickard. Under French law, both RSA (Ford Fiesta) and Generali (recovery truck) are liable to Mrs Marshall as their vehicles were 'involved' in the accident. The FdG (and thus the MIB) is not liable to Mrs Marshall because other insurers are liable. For Mr Pickard, neither RSA nor Generali are liable under French law, so the FdG (and thus the MIB) is liable to him under the 2003 Regulations.

Court Disposition

Preliminary issues determined; liability apportioned as per judgment.

Orders

  • RSA and Generali are liable to compensate Mrs Marshall under French law.
  • The Fonds de Garantie (FdG) is liable to compensate Mr Pickard but not Mrs Marshall.