MIB v Lewis – Supreme Court refuses permission for MIB to appeal. Philip Moser QC acts for Respondent

19 Feb 2020
Philip Moser KC

Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909

On the 13 February 2020, the application made by the Motor Insurers’ Bureau (“MIB”) to appeal against a tetraplegic’s personal injury claim, was refused in the Supreme Court and the Appellant also ordered to pay the Respondent’s costs.

In keeping with the recent trend, but possibly for the first time in the Transition Period, the Supreme Court also refused the MIB’s application for a reference to the CJEU.

This follows on from the Court of Appeal’s judgment in June 2019 which upheld the Judge’s ruling that the MIB was liable for the accident on private land in which the respondent claimant was injured when he was hit by the uninsured driver of a 4×4 motor vehicle.

In September 2018 the High Court held that whilst an accident on private land was not a liability which was required to be insured against pursuant to Part VI of the Road Traffic Act 1988, it was a liability which the MIB is obliged to satisfy pursuant to Directive 2009/103/EC (at least to the extent of the minimum in respect of personal injury of €1million per victim) and that the provisions of the relevant EU Motor Insurance Directives have direct effect against the MIB as an emanation of the state.

Philip Moser QC led David Knifton QC, instructed by David Gauler of Thompsons Solicitors, for the successful respondent, Mr. Lewis.