The Motor Insurers Bureau have failed in their renewed attempt to persuade the Court of Appeal to limit the compensation payable to British-resident victims injured in other EEA states by uninsured drivers. Charlie Bloy, an infant passenger in a mini-bus, suffered catastrophic injuries in an accident caused by an uninsured motorist in Lithuania. Under the European Motor Insurance Directives, such victims are entitled to recover compensation from the Compensation Body in their state of residence, which in England is the Motor Insurers’ Bureau. The MIB admitted liability, but argued that the compensation should be limited to the compensation which would be payable to all victims of the same accident in Lithuania. Under a transitional arrangement following its accession to the EU, Lithuanian compensation was limited to EUR 500,000 for all victims of the same accident. The Court of Appeal (Etherton C, Hallett and Sharp LJJ) dismissed the appeal, confirming an earlier decision in which it was held that the British implementing legislation entitled such victims to compensation calculated as if the accident had happened in Great Britain. The Court of Appeal also held that the MIB’s argument was inconsistent with the European legislation, and rejected the MIB’s attempt to have the matter referred to the CJEU.
Member of Chambers: Alexander Layton QC acted for Claimants (instructed by Clyde & Co)