In McCall v Poulton, the Court of Appeal have upheld a decision by a County Court to refer questions to the European Court of Justice which would enable the English courts to determine definitively the extent of the obligation of the Motor Insurers Bureau to compensate the victims of uninsured drivers.
A European Directive requires Member States to ensure that compensation is available to the victims of uninsured drivers. The Motor Insurers Bureau has contended that it is not obliged to compensate victims for the cost of hiring a replacement car when the cost is paid by a policy of insurance taken out by the victim after the accident against the event that the culprit fails to pay. The decision of the Court of Appeal opens up the possibility that the victim can rely on the clear terms of the European Directive rather than on the machinery by which the United Kingdom has given effect to the Directive under English law.
In the Court of Appeal, the victim was represented by Iain Milligan QC and Ben Williams.