RoadPeace v Secretary of State for Transport

RoadPeace v Secretary of State for Transport

UK motor insurance legislation and MIB agreements are largely compatible with Directive 2009/103/EC, except for the limitation to 'road or public place' and certain exclusions (e.g., terrorism) which require amendment. Remedies for breach are available via Francovich damages. No mandatory order or Marleasing interpretation is granted due to practical and legislative uncertainties; a declaration of incompatibility is appropriate.

Parties
Claimant: RoadPeace; Defendant: Secretary of State for Transport; Interested Party: Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
07 November 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration granted in respect of incompatibility with Directive 2009/103/EC; claim otherwise dismissed.
Legal Topics
Compulsory Motor Insurance, Directive 2009/103/ec Compliance, Compatibility of Domestic Law With EU Law, Remedies for Breach of EU Law, Motor Insurers’ Bureau Agreements
Insurance Law Administrative Law European Union Law Compulsory Motor Insurance Directive 2009/103/ec Compliance Compatibility of Domestic Law With EU Law Remedies for Breach of EU Law Motor Insurers’ Bureau Agreements

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Parties

RoadPeace

Claimant

Secretary of State for Transport

Defendant

Motor Insurers’ Bureau

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether UK motor insurance legislation and MIB agreements comply with Directive 2009/103/EC
  2. 2 Lawfulness of limitations and exclusions in insurance policies
  3. 3 Effect of Vnuk decision on scope of compulsory insurance

Ratio Decidendi

UK motor insurance legislation and MIB agreements are largely compatible with Directive 2009/103/EC, except for the limitation to 'road or public place' and certain exclusions (e.g., terrorism) which require amendment. Remedies for breach are available via Francovich damages. No mandatory order or Marleasing interpretation is granted due to practical and legislative uncertainties; a declaration of incompatibility is appropriate.

Court Disposition

Declaration granted in respect of incompatibility with Directive 2009/103/EC; claim otherwise dismissed.

Orders

  • Declaration of incompatibility with Directive 2009/103/EC regarding scope of compulsory insurance and definition of 'accident'.
  • Written submissions invited on timetable for legislative amendment.