Bloy & Anor v Motor Insurers' Bureau

Bloy & Anor v Motor Insurers' Bureau

Compensation payable by the MIB to UK residents injured in a road accident in another EU Member State is to be assessed under English law, without limitation by the cap imposed under the law of the Member State where the accident occurred, as Regulation 13(2)(b) is a deeming provision and the cap is procedural, not substantive.

Parties
Claimant/respondent: Georgina Bloy; Claimant/respondent: Charlie Ireson; Defendant/appellant: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Issue Determination
Outcome
Appeal dismissed
Legal Topics
Motor Insurance Directives, Compensation for Cross Border Road Accidents, Assessment of Damages, Conflict of Laws, Interpretation of EU Directives
Insurance Law Private International Law European Union Law Motor Insurance Directives Compensation for Cross Border Road Accidents Assessment of Damages Conflict of Laws Interpretation of EU Directives

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Parties

Georgina Bloy

Claimant/respondent

Charlie Ireson

Claimant/respondent

Motor Insurers' Bureau

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Which law governs the assessment of compensation payable by the MIB for injuries sustained in a road accident in Lithuania?
  2. 2 Is the compensation payable by the MIB limited by the cap imposed under Lithuanian law?
  3. 3 Should the court make a preliminary reference to the Court of Justice of the European Union?

Ratio Decidendi

Compensation payable by the MIB to UK residents injured in a road accident in another EU Member State is to be assessed under English law, without limitation by the cap imposed under the law of the Member State where the accident occurred, as Regulation 13(2)(b) is a deeming provision and the cap is procedural, not substantive.

Court Disposition

Appeal dismissed

Orders

  • Defendant liable to pay compensation to claimants assessed in accordance with English law, not Lithuanian law, and not limited by Lithuanian cap.
  • No preliminary reference to the Court of Justice of the European Union.