Victim of accident on private land can rely on direct effect of EU Motor Insurance Directives against the MIB

17 Sep 2018
Philip Moser KC

Lewis v MIB [2018] EWHC 2376 (QB), 14 September 2018

The Claimant was injured in an accident on private land when he was hit by the uninsured driver of a 4×4 motor vehicle. This was a preliminary issues trial to determine whether the Motor Insurance Bureau (MIB) would be liable to satisfy any judgment against the uninsured driver.

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.

The Judge followed and applied the CJEU judgments in Vnuk (Case C-162/13) and Farrell v. Whitty (No.2) (Case C-413/15) and held that these had superseded the reasoning in Byrne and the observations of Hobhouse LJ in Mighell.

Permission to appeal to the Court of Appeal was granted to the MIB by the Judge.

Philip Moser QC of Monckton Chambers (instructed by Thompsons) was Leading Counsel for the Claimant.

A copy of the judgment is here.

Please see coverage by The Times.