Poole & Ors v HM Treasury [2007] EWCA Civ 1021 (24 October 2007)

Poole & Ors v HM Treasury [2007] EWCA Civ 1021 (24 October 2007)

Directive 73/239/EEC did not entail the grant of rights to the appellants as insurers that would support a Francovich claim for damages against the UK government. The Directive's purpose was to protect insureds and third parties, not insurers, and did not create a right for insurers to be regulated. The claimants'...

Source-derived case information.

Citation
[2007] EWCA Civ 1021
Parties
Appellants: Frederick Thomas Poole and others; Respondent: Her Majesty's Treasury
Jurisdiction
England and Wales
Judgment Date
24 October 2007
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
State Liability for Failure to Implement EU Directives, Francovich Damages, Insurance Market Regulation, Direct Effect of EU Directives, Rights Under EU Law
European Union Law Insurance Law Administrative Law State Liability for Failure to Implement EU Directives Francovich Damages Insurance Market Regulation Direct Effect of EU Directives Rights Under EU Law

Source-derived case record

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Frederick Thomas Poole and others

Appellants

Her Majesty's Treasury

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether Directive 73/239/EEC entailed the grant of rights to Lloyd's 'names' as insurers to support a Francovich claim for damages against the UK government for failure to implement the Directive.
  2. 2 Whether the claimants, as insurers or reinsureds, could assert rights under the Directive for losses suffered due to inadequate regulation of the Lloyd's market.

Ratio Decidendi

Directive 73/239/EEC did not entail the grant of rights to the appellants as insurers that would support a Francovich claim for damages against the UK government. The Directive's purpose was to protect insureds and third parties, not insurers, and did not create a right for insurers to be regulated. The claimants' losses were not within the scope of harm the Directive was intended to prevent. Binding authority confirms that the necessary conditions for state liability under Francovich were not met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.