header-logo header-logo

04 October 2018 / Nicholas Bevan
Issue: 7811 / Categories: Features , Insurance / reinsurance
printer mail-detail

Lewis v Motor Insurers Bureau: a five-month wonder?

The High Court rules that the MIB is an emanation of the state. Nicholas Bevan reports.

  • Lewis v MIB : provides a valuable new direct route to redress against the MIB for motor accident victims wrongly excluded from the compensatory guarantee.
  • Accordingly, motor accident victims injured in private parking areas or in private cul de sacs can now recover their compensatory entitlement from the MIB direct.
  • However, after Brexit, these important principles, which enable ordinary citizens to challenge the longstanding abuses of power and institutional bias in this area, will be lost.

In Lewis v MIB [2018] EWHC 2376 (QB), [2018] All ER (D) 53 (Sep) Mr Justice Soole ruled that the Motor Insurers’ Bureau (MIB) was liable under European law to compensate a man who was struck down and seriously injured by an uninsured motorist in a field. In doing so, he broke with a time honoured but misconceived belief that the MIB’s compensatory role is restricted to the contractual obligations with the Secretary of State for Transport.

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll