Impact of Rome II on compensation rules: ‘leapfrog’ to Supreme Court

24 Apr 2015

Permission was granted yesterday by the High Court for a leapfrog appeal of a preliminary issue in Moreno v Motor Insurers Bureau [2015] EWHC 1002 (QB).  The preliminary issue will now proceed directly to the Supreme Court.

The Claimant was injured by an uninsured driver whilst on holiday in Greece and sought compensation from the MIB.  While the MIB has admitted liability, the dispute concerns whether the applicable rules to assess quantum are those of England and Wales or of Greece.  Giving judgment at the first instance, Gilbart J considered that he was bound by the ruling in Jacobs v Motor Insurers Bureau [2010] EWCA Civ 1208 to the effect that compensation would be determined under domestic rules.  These are more beneficial to the Claimant.  However he noted that there was force in arguments that Jacobs was wrongly decided in the light of the Rome II Regulations.

Granting a certificate pursuant to section 12 of the Administration of Justice Act 1969, Gilbart J noted that the Supreme Court had previously given permission to hear the issue in Jacobs but that the appeal was not proceeded with.  He held that it was an important issue which would affect a substantial number of claims.  Their resolution would be delayed if the matter were to first come to the Court of Appeal.

Citation: [2015] EWHC 1142 (QB)

Related barristers: Daniel Beard QC

Please click to view the Moreno v MIB judgment.