Motor Insurer’s Bureau v Moreno [2016] UKSC 52

The Respondent was walking on a roadside verge while holidaying in Greece in 2011 when she was struck by a vehicle registered in Greece whose driver neither had a valid driving licence nor any insurance. She was left with very serious injuries. The Respondent was entitled to pursue the UK Motor Insurer’s Bureau, rather than the responsible Greek body, via the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003. Liability was admitted but the issue in dispute was whether the scope of the MIB’s liability to the Respondent was to be measured according to English or Greek law (thereby resulting in a lower level of compensation). At first instance, the Respondent had argued that the 2003 Regulations provide for English law to govern the measure of recovery – as accepted by the Court of Appeal in Jacobs v Motor Insurer’s Bureau [2010] EWCA Civ 1208 and followed in Bloy v Motor Insurer’s Bureau [2013] EWCA Civ 1543. The MIB successfully applied for a leap-frog appeal directly to the Supreme Court.

HELD: The Supreme Court held that the starting point in construing the 2003 Regulations was that they should be interpreted in a way which was not in any way inconsistent with the Directives which they were designed to implement. The scheme of the Directives was clear: rather than leave the question of the provision of compensation to individual Member States, the Directives proceeded on the basis that a victim’s entitlement to compensation would be measured on a consistent basis by reference to the law of the state of the accident. This approach was reflected by the language of the Regulations, specifically regulation 13(2)(b). Jacobs and Bloy were therefore overruled and accordingly the scope of the MIB’s liability was to be determined in accordance with Greek law.

September 15, 2016 В· Editorial Team В· Comments Closed
Posted in: Cases