Moore v Secretary of State for Transport Motor Insurers Bureau

Moore v Secretary of State for Transport Motor Insurers Bureau

The cause of action for Francovich damages accrued at the date of the accident when the claimant became subject to the alleged defects in law and practice. The claim is statute barred as proceedings were commenced more than six years after that date. There is no real prospect of success on the damages claim as no causal link is established between alleged procedural failings and the quantification of compensation.

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
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claim struck out as statute barred; summary judgment would have been granted on the damages claim.
Legal Topics
Francovich Damages, Implementation of EU Directives, Limitation Period, Procedural Guarantees, Compensation for Victims of Untraced Drivers
European Union Law Insurance Law Personal Injury Francovich Damages Implementation of EU Directives Limitation Period Procedural Guarantees Compensation for Victims of Untraced Drivers

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Parties

Kenneth Dudley Moore

Claimant

The Secretary of State for Transport

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the United Kingdom failed to properly implement Council Directive 84/5/EEC (Second Motor Insurance Directive)
  2. 2 Whether the claim for Francovich damages is statute barred
  3. 3 Whether the claimant has a real prospect of success on the damages claim under CPR Part 24

Ratio Decidendi

The cause of action for Francovich damages accrued at the date of the accident when the claimant became subject to the alleged defects in law and practice. The claim is statute barred as proceedings were commenced more than six years after that date. There is no real prospect of success on the damages claim as no causal link is established between alleged procedural failings and the quantification of compensation.

Court Disposition

Claim struck out as statute barred; summary judgment would have been granted on the damages claim.

Orders

  • Claim dismissed as statute barred.
  • No trial on the damages claim; summary judgment would have been granted.