Court of Appeal upholds Francovich liability finding in Byrne v Motor Insurers Bureau and the Secretary of State for Transport

25 Jun 2008

Defective implementation of EC Directive governing claims by victims of untraced drivers was a “sufficiently serious” breach of Community law to make UK liable in damages

The Court of Appeal has upheld the decision of the High Court that: (i) the UK scheme for compensating victims of untraced drivers failed properly to implement the Second EC Motor Insurance Directive; and