Carswell v Secretary of State for Transport & Anor [2010] EWHC 3230 (QB) (09 December 2010)

Carswell v Secretary of State for Transport & Anor [2010] EWHC 3230 (QB) (09 December 2010)

The court held that the 2003 Agreement between the Secretary of State and the MIB adequately implements Article 1(4) of the Second Directive. The scheme is inquisitorial, with the MIB bearing the investigatory burden and applicants only required to provide information reasonably necessary for the MIB's investigation. The fixed costs regime was properly negotiated and is proportionate, given the limited need for legal advice under the scheme. Applicants have sufficient procedural safeguards, including rights of appeal to an arbitrator and contractual enforcement under the 1999 Act. There is no breach of the principles of equivalence or effectiveness, nor any manifest and grave disregard of...

Citation
[2010] EWHC 3230
Parties
Claimant: Arlene Carswell (The Personal Representative Of James Carswell Deceased); First Defendant: The Secretary Of State For Transport; Second Defendant: The Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Implementation of EU Directives, Compensation for Victims of Untraced Drivers, Legal Costs Under Compensation Schemes, State Liability for Failure to Implement EU Law, Contractual Rights Under Statutory Schemes
European Union Law Insurance Law Personal Injury Law Administrative Law Implementation of EU Directives Compensation for Victims of Untraced Drivers Legal Costs Under Compensation Schemes State Liability for Failure to Implement EU Law +1 more

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Parties

Arlene Carswell (The Personal Representative Of James Carswell Deceased)

Claimant

The Secretary Of State For Transport

First Defendant

The Motor Insurers' Bureau

Second Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Judgment After Trial

Legal Issues

  1. 1 Whether the UK failed to properly implement Article 1(4) of EEC Council Directive 84/5/EEC regarding compensation for victims of untraced drivers
  2. 2 Whether the costs provisions under the 2003 Agreement between the Secretary of State and the MIB are compatible with EU law principles of equivalence and effectiveness
  3. 3 Whether the MIB scheme provides adequate procedural safeguards and enforcement mechanisms for applicants

Ratio Decidendi

The court held that the 2003 Agreement between the Secretary of State and the MIB adequately implements Article 1(4) of the Second Directive. The scheme is inquisitorial, with the MIB bearing the investigatory burden and applicants only required to provide information reasonably necessary for the MIB's investigation. The fixed costs regime was properly negotiated and is proportionate, given the limited need for legal advice under the scheme. Applicants have sufficient procedural safeguards, including rights of appeal to an arbitrator and contractual enforcement under the 1999 Act. There is no breach of the principles of equivalence or effectiveness, nor any manifest and grave disregard of...

Court Disposition

Claim dismissed

Orders

  • Claim for damages against the Secretary of State for unrecovered legal costs is dismissed.