Howe v Motor Insurers' Bureau

Howe v Motor Insurers' Bureau

A claim for compensation under regulation 13 of the 2003 Regulations is to be treated as a claim for damages for personal injury within the meaning of CPR Part 44.13, and thus eligible for QOCS protection. The common law distinction between debt and damages must be disapplied in this context to ensure conformity with EU law and the rationale of QOCS.

Parties
Appellant: Mr Michael Howe; Respondent: Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
06 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Personal Injury, Motor Insurance Directives, Interpretation of Statutes, Costs Orders
Civil Procedure Insurance Law European Union Law Qualified One Way Costs Shifting (qocs) Personal Injury Motor Insurance Directives Interpretation of Statutes Costs Orders

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Parties

Mr Michael Howe

Appellant

Motor Insurers’ Bureau

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a claim for compensation under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 is a claim for damages for personal injury within the meaning of CPR Part 44.13 and thus eligible for QOCS protection.

Ratio Decidendi

A claim for compensation under regulation 13 of the 2003 Regulations is to be treated as a claim for damages for personal injury within the meaning of CPR Part 44.13, and thus eligible for QOCS protection. The common law distinction between debt and damages must be disapplied in this context to ensure conformity with EU law and the rationale of QOCS.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed. The QOCS regime applies to Mr Howe’s claim. No permission is granted to the MIB to enforce its costs order in relation to the claim for a declaration under the Untraced Drivers’ Agreement.