Jacobs v Motor Insurers Bureau

Jacobs v Motor Insurers Bureau

The MIB's obligation to compensate under Regulation 13(2)(b) is defined by the Regulations, not by a choice of law rule. The compensation must be assessed as if the accident occurred in Great Britain, i.e., under English law. Rome II does not apply to the assessment of compensation payable by the MIB under the Regulations.

Parties
Claimant/appellant: Clinton David Jacobs; Defendant/respondent: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Civil Appeal / Appeal From High Court (preliminary Issues)
Outcome
Appeal allowed
Legal Topics
Motor Insurance Compensation, Applicable Law for Damages, Interpretation of EU Directives, Conflict of Laws
Private International Law Insurance Law European Union Law Motor Insurance Compensation Applicable Law for Damages Interpretation of EU Directives Conflict of Laws

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Parties

Clinton David Jacobs

Claimant/appellant

Motor Insurers Bureau

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (preliminary Issues)

Legal Issues

  1. 1 Whether compensation for injuries sustained abroad is to be assessed under English or Spanish law when claimed against the UK Motor Insurers Bureau under the 2003 Regulations
  2. 2 Whether Regulation 13(2)(b) of the 2003 Regulations constitutes a choice of law or defines the scope of the MIB's obligation
  3. 3 Whether Rome II Regulation applies to the assessment of compensation under the Regulations

Ratio Decidendi

The MIB's obligation to compensate under Regulation 13(2)(b) is defined by the Regulations, not by a choice of law rule. The compensation must be assessed as if the accident occurred in Great Britain, i.e., under English law. Rome II does not apply to the assessment of compensation payable by the MIB under the Regulations.

Court Disposition

Appeal allowed

Orders

  • The MIB is obliged to pay compensation to the claimant assessed in accordance with the law of England.