McCall v Poulton & Ors [2008] EWCA Civ 1263 (21 November 2008)

McCall v Poulton & Ors [2008] EWCA Civ 1263 (21 November 2008)

It is necessary and appropriate to refer to the European Court of Justice the questions of whether the Marleasing principle applies to the MIB Uninsured Drivers Agreement and whether the MIB is an emanation of the State, as these are arguable issues of general importance and the answers are dispositive of the MIB's liability under the Directive.

Citation
[2008] EWCA Civ 1263
Parties
Claimant: Stuart McCall; First Defendant: Daniel Poulton; Second Defendant/appellant: Motor Insurers' Bureau; Intervener/respondent: Helphire (UK) Ltd; Intervener/respondent: Angel Assistance Ltd
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court, Considering Reference to ECJ
Outcome
Appeal dismissed
Legal Topics
Motor Insurance, Uninsured Drivers, Subrogation, Direct Effect of Directives, Interpretation of National Law in Light of EU Law, Emanation of the State, Reference to European Court of Justice
Insurance Law European Union Law Civil Procedure Motor Insurance Uninsured Drivers Subrogation Direct Effect of Directives Interpretation of National Law in Light of EU Law +2 more

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Parties

Stuart McCall

Claimant

Daniel Poulton

First Defendant

Motor Insurers' Bureau

Second Defendant/appellant

Helphire (UK) Ltd

Intervener/respondent

Angel Assistance Ltd

Intervener/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court, Considering Reference to ECJ

Legal Issues

  1. 1 Whether the Marleasing principle applies to the interpretation of the MIB Uninsured Drivers Agreement
  2. 2 Whether Article 1.4 of Directive 84/5/EEC is directly effective against the MIB
  3. 3 Whether the MIB is an emanation of the State for the purposes of direct effect

Ratio Decidendi

It is necessary and appropriate to refer to the European Court of Justice the questions of whether the Marleasing principle applies to the MIB Uninsured Drivers Agreement and whether the MIB is an emanation of the State, as these are arguable issues of general importance and the answers are dispositive of the MIB's liability under the Directive.

Court Disposition

Appeal dismissed

Orders

  • Reference to the European Court of Justice on the applicability of the Marleasing principle to the MIB Agreement and on whether the MIB is an emanation of the State.