Evans v Secretary of State for the Environment, Transport and the Regions & Anor [2006] EWHC 322 (QB) (16 February 2006)

Evans v Secretary of State for the Environment, Transport and the Regions & Anor [2006] EWHC 322 (QB) (16 February 2006)

The Claimant's claims for damages, except for legal fees incurred in making the claim under the 1972 Agreement and in arbitration, and for interest on the award, have no real prospect of success. There is no direct causal link between the UK's failure to implement the Directive and the majority of the losses claimed. The arbitration procedure met EU law requirements. The continuation of the action would be an abuse of process given the MIB's offer and the limited remaining heads of claim.

Citation
[2006] EWHC 322
Parties
Claimant: Samuel Sydney Evans; First Defendant: The Secretary of State for the Environment, Transport and the Regions; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
16 February 2006
Procedural Posture
Civil (francovich Claim for Damages and Declaration) / Application for Summary Judgment And/or Strike Out Under CPR Part 3.4
Outcome
Summary judgment granted for the First Defendant except as to claims for legal fees for making the claim under the 1972 Agreement and in arbitration, and for interest on the award. Remainder of the claim struck out as having no real prospect of success and as an abuse of process.
Legal Topics
State Liability for Failure to Implement EU Directives, Untraced Drivers Agreement, Compensation for Victims of Untraced Drivers, Interest on Damages, Legal Costs Recovery, Abuse of Process, Summary Judgment
European Union Law Personal Injury Administrative Law State Liability for Failure to Implement EU Directives Untraced Drivers Agreement Compensation for Victims of Untraced Drivers Interest on Damages Legal Costs Recovery +2 more

Case Brief

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Parties

Samuel Sydney Evans

Claimant

The Secretary of State for the Environment, Transport and the Regions

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Civil (francovich Claim for Damages and Declaration) / Application for Summary Judgment And/or Strike Out Under CPR Part 3.4

Legal Issues

  1. 1 Whether the UK failed to properly implement the Second EC Motor Insurance Directive (84/5/EEC)
  2. 2 Whether the Claimant is entitled to damages for the UK's failure, including interest and legal costs
  3. 3 Whether the arbitration procedure under the 1972 Agreement breached EU law procedural requirements

Ratio Decidendi

The Claimant's claims for damages, except for legal fees incurred in making the claim under the 1972 Agreement and in arbitration, and for interest on the award, have no real prospect of success. There is no direct causal link between the UK's failure to implement the Directive and the majority of the losses claimed. The arbitration procedure met EU law requirements. The continuation of the action would be an abuse of process given the MIB's offer and the limited remaining heads of claim.

Court Disposition

Summary judgment granted for the First Defendant except as to claims for legal fees for making the claim under the 1972 Agreement and in arbitration, and for interest on the award. Remainder of the claim struck out as having no real prospect of success and as an abuse of process.

Orders

  • Judgment for the First Defendant on its application for summary judgment and/or strike out.
  • Claimant's claims for damages (except as specified) and for a declaration dismissed.