Moore v Secretary of State for Transport Motor Insurers Bureau [2007] EWHC 879 (QB) (20 April 2007)

Moore v Secretary of State for Transport Motor Insurers Bureau [2007] EWHC 879 (QB) (20 April 2007)

The claim for Francovich damages is statute barred because the cause of action accrued at the date of the accident (19 April 1995), when the claimant first suffered loss due to the alleged failure to transpose the Directive. There was no continuing cause of action accruing up to the date of the arbitrator's award....

Source-derived case information.

Citation
[2007] EWHC 879
Parties
Claimant: Kenneth Dudley Moore; First Defendant: The Secretary of State for Transport; Second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
20 April 2007
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Application for Strike Out And/or Summary Judgment
Outcome
Claim struck out as statute barred
Legal Topics
Francovich Damages, Limitation Period, Implementation of EU Directives, Motor Insurance Directive, Procedural Fairness, Arbitration, Compensation for Untraced Drivers
European Union Law Personal Injury Insurance Law Civil Procedure Francovich Damages Limitation Period Implementation of EU Directives Motor Insurance Directive +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenneth Dudley Moore

Claimant

The Secretary of State for Transport

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for Francovich damages is statute barred under the Limitation Act 1980
  2. 2 Whether the United Kingdom failed to properly implement Council Directive 84/5/EEC (Second Motor Insurance Directive)
  3. 3 Whether the procedural arrangements under the 1972 Untraced Drivers Agreement provided adequate protection and procedural guarantees to victims

Ratio Decidendi

The claim for Francovich damages is statute barred because the cause of action accrued at the date of the accident (19 April 1995), when the claimant first suffered loss due to the alleged failure to transpose the Directive. There was no continuing cause of action accruing up to the date of the arbitrator's award. The procedural arrangements under the 1972 Agreement, as interpreted by the ECJ in Evans, were sufficient to implement the Directive, and any alleged unfairness in the handling of evidence was not causally linked to a failure to transpose the Directive.

Court Disposition

Claim struck out as statute barred

Orders

  • Claim dismissed as statute barred under the Limitation Act 1980
  • No need to determine summary judgment application on damages claim