Lewis v Tindale & Ors [2018] EWHC 2376 (QB) (14 September 2018)

Lewis v Tindale & Ors [2018] EWHC 2376 (QB) (14 September 2018)

Article 3 of Directive 2009/103/EC is unconditional and sufficiently precise, and has direct effect against the MIB as an emanation of the State. The obligation of compulsory insurance extends to use of vehicles on private land, entitling the claimant to compensation from the MIB to at least the minimum required by Article 9 (EUR 1m per victim).

Citation
[2018] EWHC 2376 (QB)
Parties
Claimant: Michael Lewis; Litigation Friend: Janet Lewis; First Defendant: Dennis Tindale; Second Defendant: Motor Insurers' Bureau; Third Defendant: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
14 September 2018
Procedural Posture
Personal Injury Claim / Judgment on Preliminary Issues
Outcome
Claim against the MIB succeeds on the basis of direct effect of Article 3 of Directive 2009/103/EC.
Legal Topics
Motor Insurance, Direct Effect of EU Directives, Emanation of the State, Compulsory Insurance, Interpretation of National Law in Light of EU Law
Insurance Law European Union Law Personal Injury Motor Insurance Direct Effect of EU Directives Emanation of the State Compulsory Insurance Interpretation of National Law in Light of EU Law

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Parties

Michael Lewis

Claimant

Janet Lewis

Litigation Friend

Dennis Tindale

First Defendant

Motor Insurers' Bureau

Second Defendant

Secretary of State for Transport

Third Defendant

Procedural Posture

Personal Injury Claim / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the MIB is liable under the Uninsured Drivers Agreement 1999 for injuries caused by use of a vehicle on private land
  2. 2 Whether Article 3 of Directive 2009/103/EC has direct effect against the MIB
  3. 3 Whether the MIB is an emanation of the State

Ratio Decidendi

Article 3 of Directive 2009/103/EC is unconditional and sufficiently precise, and has direct effect against the MIB as an emanation of the State. The obligation of compulsory insurance extends to use of vehicles on private land, entitling the claimant to compensation from the MIB to at least the minimum required by Article 9 (EUR 1m per victim).

Court Disposition

Claim against the MIB succeeds on the basis of direct effect of Article 3 of Directive 2009/103/EC.

Orders

  • MIB is liable to satisfy the claimant's judgment to at least EUR 1,000,000 as per Article 9 of Directive 2009/103/EC.
  • Further argument required on whether unlimited cover applies under the principle of equivalence.