High Court finds Transport Secretary liable in Francovich damages claim

03 Jun 2014

The High Court has held that the UK’s current exceptions to the payment of compensation for passengers under the Uninsured Drivers’ Agreement 1999 are contrary to EU law.

The Agreement between the Secretary of State for Transport and the Motor Insurers’ Bureau was intended to implement the UK’s obligations under the Second Motor Insurance Directive.

The Court also found that the UK’s breach was sufficiently serious to warrant the payment of Francovich damages to the Claimant, who had sustained life-threatening injuries following a collision in 2006.

Philip Moser QC and Eric Metcalfe, instructed by Pinto Potts, acted for the Claimant.

Click to read the full Delaney v SoST judgment.