Lewis v Tindale & Ors

Lewis v Tindale & Ors

The MIB is an emanation of the State for the purposes of Article 3 of Directive 2009/103/EC, which has direct effect and requires compulsory insurance for use of vehicles on private land. The MIB is therefore liable to compensate the Claimant to at least the minimum cover of EUR 1 million per victim, despite the lack of domestic implementation. The Claimant's alternative arguments based on causation and 'reading down' s.145(3) of the Road Traffic Act 1988 fail.

Parties
Claimant: Michael Lewis (a protected party by his 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
Civil / Judgment on Preliminary Issues
Outcome
Judgment for the Claimant on issues (ii) and (iii); Claimant's arguments on issue (i) dismissed.
Legal Topics
Motor Insurance Liability, Direct Effect of EU Directives, Emanation of the State, Interpretation of National Law in Light of EU Law, Compensation for Victims of Uninsured Drivers
Insurance Law European Union Law Personal Injury Motor Insurance Liability Direct Effect of EU Directives Emanation of the State Interpretation of National Law in Light of EU Law Compensation for Victims of Uninsured Drivers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Lewis (a protected party by his Litigation Friend, Janet Lewis)

Claimant

Dennis Tindale

First Defendant

Motor Insurers’ Bureau

Second Defendant

Secretary of State for Transport

Third Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether any judgment against the First Defendant is a liability required to be insured under Part VI of the Road Traffic Act 1988
  2. 2 Whether the Motor Insurers’ Bureau (MIB) is obliged to satisfy such judgment pursuant to Directive 2009/103/EC
  3. 3 Whether the provisions of the relevant Directives have direct effect against the MIB as an emanation of the State

Ratio Decidendi

The MIB is an emanation of the State for the purposes of Article 3 of Directive 2009/103/EC, which has direct effect and requires compulsory insurance for use of vehicles on private land. The MIB is therefore liable to compensate the Claimant to at least the minimum cover of EUR 1 million per victim, despite the lack of domestic implementation. The Claimant's alternative arguments based on causation and 'reading down' s.145(3) of the Road Traffic Act 1988 fail.

Court Disposition

Judgment for the Claimant on issues (ii) and (iii); Claimant's arguments on issue (i) dismissed.

Orders

  • The MIB is liable to compensate the Claimant to at least the minimum cover of EUR 1 million per victim under Article 3 of Directive 2009/103/EC.
  • The form of order and consequential matters to be addressed after hearing Counsel.