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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll