Evans v Secretary of State for the Environment, Transport and the Regions & Anor

Evans v Secretary of State for the Environment, Transport and the Regions & Anor

The claimant has no real prospect of success in establishing any claims for damages except for legal fees incurred in making the claim under the 1972 Agreement and in arbitration, and for interest on the award. There is no direct causal link between the alleged breach and most losses claimed. Continuation of the action would be a pointless waste of time and resources and constitutes an abuse of process.

Parties
Claimant: Samuel Sydney Evans; First Defendant: The Secretary of State for the Environment, Transport and the Regions; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
16 February 2006
Procedural Posture
Civil / Summary Judgment And/or Strike Out Application
Outcome
Judgment for the First Defendant on its application for summary judgment and strike out.
Legal Topics
Implementation of EC Directive, Francovich Claim, Compensation for Untraced Drivers, Interest on Damages, Legal Costs Recovery, Abuse of Process, Contributory Negligence
European Union Law Personal Injury Arbitration Administrative Law Implementation of EC Directive Francovich Claim Compensation for Untraced Drivers Interest on Damages +3 more

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Parties

Samuel Sydney Evans

Claimant

The Secretary of State for the Environment, Transport and the Regions

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil / Summary Judgment And/or Strike Out Application

Legal Issues

  1. 1 Whether the United Kingdom failed to properly implement EC Directive 84/5
  2. 2 Whether the claimant is entitled to damages for lost interest, legal costs, and other losses under a Francovich claim
  3. 3 Whether the arbitration procedure under the 1972 Agreement complied with the Directive

Ratio Decidendi

The claimant has no real prospect of success in establishing any claims for damages except for legal fees incurred in making the claim under the 1972 Agreement and in arbitration, and for interest on the award. There is no direct causal link between the alleged breach and most losses claimed. Continuation of the action would be a pointless waste of time and resources and constitutes an abuse of process.

Court Disposition

Judgment for the First Defendant on its application for summary judgment and strike out.

Orders

  • Claim for damages except for legal fees incurred in making the claim under the 1972 Agreement and in arbitration, and for interest on the award, is struck out.
  • Further procedural matters to be resolved; parties to submit corrections, draft order, and brief written submissions before argument about costs.