McCall v Poulton & Ors

McCall v Poulton & Ors

Given the arguable development in ECJ jurisprudence regarding the application of the Marleasing principle to agreements entered into to fulfil EU obligations, and the lack of clarity on whether the MIB is an emanation of the State, it is necessary and appropriate to refer these questions to the European Court of Justice for determination. The appeal is dismissed and the reference stands.

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; Application for Reference to European Court of Justice
Outcome
Appeal dismissed; reference to European Court of Justice to proceed
Legal Topics
Motor Insurance, Uninsured Drivers, Subrogation, Direct Effect of Directives, Interpretation of National Law in Light of EU Law, Emanation of the State
Insurance Law European Union Law Contract Law Motor Insurance Uninsured Drivers Subrogation Direct Effect of Directives Interpretation of National Law in Light of EU Law +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; Application for Reference to European Court of Justice

Legal Issues

  1. 1 Whether the Marleasing principle applies to the interpretation of the MIB Uninsured Drivers Agreement
  2. 2 Whether the MIB is an emanation of the State for the purposes of direct effect under EU law
  3. 3 Whether it is necessary to refer questions to the European Court of Justice regarding the construction of the Directive and the status of the MIB

Ratio Decidendi

Given the arguable development in ECJ jurisprudence regarding the application of the Marleasing principle to agreements entered into to fulfil EU obligations, and the lack of clarity on whether the MIB is an emanation of the State, it is necessary and appropriate to refer these questions to the European Court of Justice for determination. The appeal is dismissed and the reference stands.

Court Disposition

Appeal dismissed; reference to European Court of Justice to proceed

Orders

  • The appeal is dismissed.
  • Further argument to be addressed as to the form of order and the terms of the reference to the ECJ.