Colley v Shuker & Ors [2020] EWHC 3433 (QB) (14 December 2020)

Colley v Shuker & Ors [2020] EWHC 3433 (QB) (14 December 2020)

The MIB, as an emanation of the State, is liable to compensate victims where the UK failed to implement the Directive, but Article 10(2) allows exclusion of compensation for passengers who voluntarily entered the vehicle knowing it was uninsured; the Claimant falls within this exclusion.

Citation
[2020] EWHC 3433 (QB)
Parties
Claimant: Mr Daniel James Colley; First Defendant: Mr Dylan Shuker; Second Defendant: UK Insurance Limited; Third Defendant: Motor Insurers Bureau; Fourth Defendant: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
14 December 2020
Procedural Posture
Personal Injury / Motor Insurance / Trial of Preliminary Issues
Outcome
Claim against MIB dismissed
Legal Topics
Motor Insurance Directive, Direct Effect, Compulsory Insurance, Francovich Liability, Emanation of the State, Passenger Exclusion
Insurance Law European Union Law Personal Injury Motor Insurance Directive Direct Effect Compulsory Insurance Francovich Liability Emanation of the State +1 more

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Parties

Mr Daniel James Colley

Claimant

Mr Dylan Shuker

First Defendant

UK Insurance Limited

Second Defendant

Motor Insurers Bureau

Third Defendant

Secretary of State for Transport

Fourth Defendant

Procedural Posture

Personal Injury / Motor Insurance / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the Motor Insurers Bureau (MIB) is liable to compensate the Claimant under Articles 3(1) and 12 of Directive 2009/103/EC
  2. 2 Whether MIB can rely on the exclusion in Article 10(2) of Directive 2009/103/EC for passengers who knew the vehicle was uninsured

Ratio Decidendi

The MIB, as an emanation of the State, is liable to compensate victims where the UK failed to implement the Directive, but Article 10(2) allows exclusion of compensation for passengers who voluntarily entered the vehicle knowing it was uninsured; the Claimant falls within this exclusion.

Court Disposition

Claim against MIB dismissed

Orders

  • MIB not liable to compensate Claimant under Directive 2009/103/EC due to Article 10(2) exclusion
  • Claim against Secretary of State stayed pending determination of preliminary issue