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 for making the claim under the 1972 Agreement and arbitration, and interest on the award) have no real prospect of success; there is no direct causal link between the alleged breach and most losses claimed; continuation of the action would be an abuse of process given the MIB's offer and the limited value of remaining claims.

Citation
[2006] EWHC 322 (QB)
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 Claim for Damages and Declaration (francovich Claim) / Application for Summary Judgment And/or Strike Out Under CPR Part 3.4
Outcome
Summary judgment for the First Defendant; most claims struck out as having no real prospect of success; action not to proceed except as regards limited items.
Legal Topics
State Liability for Failure to Implement EU Directives, Compensation for Victims of Untraced Drivers, Summary Judgment, Abuse of Process, Costs and Interest Under EC Law
European Union Law Tort Law Civil Procedure State Liability for Failure to Implement EU Directives Compensation for Victims of Untraced Drivers Summary Judgment Abuse of Process Costs and Interest Under EC Law

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 Claim for Damages and Declaration (francovich Claim) / 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
  2. 2 Whether the Claimant is entitled to damages (including costs and interest) from the Secretary of State for such failure
  3. 3 Whether the claim should be struck out or disposed of by summary judgment as having no real prospect of success

Ratio Decidendi

The Claimant's claims for damages (except for legal fees for making the claim under the 1972 Agreement and arbitration, and interest on the award) have no real prospect of success; there is no direct causal link between the alleged breach and most losses claimed; continuation of the action would be an abuse of process given the MIB's offer and the limited value of remaining claims.

Court Disposition

Summary judgment for the First Defendant; most claims struck out as having no real prospect of success; action not to proceed except as regards limited items.

Orders

  • Judgment for the First Defendant on its application for summary judgment and/or strike out.
  • Claimant's claims for damages (except legal fees for making the claim under the 1972 Agreement and arbitration, and interest on the award) dismissed.