McCall v Poulton & Ors [2008] EWCA Civ 1313 (21 November 2008)

McCall v Poulton & Ors [2008] EWCA Civ 1313 (21 November 2008)

Given the arguable development in ECJ jurisprudence and the general importance of the issues, it is appropriate to refer the questions of the applicability of the Marleasing principle to the MIB Agreement and whether the MIB is an emanation of the State to the European Court of Justice.

Citation
[2008] EWCA Civ 1313
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 / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Motor Insurance, Uninsured Drivers, Subrogation, Direct Effect of Directives, Interpretation of EU Directives, Emanation of the State
Insurance Law European Union Law Tort Law Motor Insurance Uninsured Drivers Subrogation Direct Effect of Directives Interpretation of EU Directives +1 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 / Appeal From County Court to Court of Appeal

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 Council 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 EU law

Ratio Decidendi

Given the arguable development in ECJ jurisprudence and the general importance of the issues, it is appropriate to refer the questions of the applicability of the Marleasing principle to the MIB Agreement and whether the MIB is an emanation of the State to the European Court of Justice.

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.