Court rejects booking claims and convicts cab driver of blagging – Local Government Lawyer

Posted October 5th, 2017 in costs, fines, licensing, news, taxis, uninsured drivers by tracey

‘A private hire cab driver in Milton Keynes has been convicted of illegally plying for hire (blagging), with the magistrates’ court rejecting his argument that as he had make the booking on behalf of the customer the fare was lawful.’

Full Story

Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

Full story

Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

Thief has sentencing pushed back so he can celebrate 25th birthday – Daily Telegraph

‘thief who faces jail for driving a stolen motorbike into a policeman has had his sentencing date pushed back by a judge so he can celebrate his 25th birthday.’

Full story

Daily Telegraph, 8th November 2016

Source: www.telegraph.co.uk

Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

Full story

Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

Full story

Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

R v Taylor (Appellant) – Supreme Court

Posted February 18th, 2016 in alcohol abuse, appeals, homicide, law reports, theft, uninsured drivers by sally

R v Taylor (Appellant) [2016] UKSC 5 (YouTube)

Supreme Court, 3rd February 2016

Source: www.youtube.com/user/UKSupremeCourt

Ee Turpi Causa and the MIB – Zenith PI Blog

Posted January 21st, 2016 in appeals, crime, ex turpi causa, insurance, news, personal injuries, uninsured drivers by sally

‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’

Full story

Zenith PI Blog, 20th January 2016

Source: www.zenithpi.wordpress.com

Revised Uninsured Drivers’ Agreement to come into force next month – Litigation Futures

Posted July 7th, 2015 in consultations, insurance, news, uninsured drivers by sally

‘A new Uninsured Drivers’ Agreement will come into force for accidents occurring on or after 1 August 2015, the Motor Insurers’ Bureau (MIB) has announced.’

Full story

Litigation Futures, 7th July 2015

Source: www.litigationfutures.com

Moreno v Motor Insurers’ Bureau – WLR Daily

Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177

‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’

WLR Daily, 17th April 2015

Source: www.iclr.co.uk

Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

Full story

Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Posted March 17th, 2015 in appeals, compensation, drug abuse, EC law, insurance, law reports, uninsured drivers by sally

Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

Full story

UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Drug dealer wins car crash compensation battle – Daily Telegraph

‘High Court rules British laws on uninsured drivers are ‘in plain breach’ of European Union directives.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Bloy and another v Motor Insurers’ Bureau – WLR Daily

Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464

‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

R v Hughes (Appellant) – Supreme Court

R v Hughes (Appellant) [2013] UKSC 56 UKSC 2011/0240 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina v Hughes – WLR Daily

Regina v Hughes [2013] UKSC 56; [2013] WLR (D) 324

“When a defendant who was uninsured, unlicensed or disqualified was driving his vehicle on a road and it was involved in a collision which resulted in the death of another person, the defendant could not be found guilty of the offence under section 3ZB of the Road Traffic Act 1988, as inserted, of causing the death by driving while committing such offences unless the prosecution proved that there had been some act or omission in the defendant’s driving which amounted to fault his part and which had contributed to the death. If the defendant’s driving had been faultless he could not be found guilty of the offence merely because his vehicle was on the road and was involved in a fatal accident when he was driving without insurance or a driving licence.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Supreme Court rules against ‘death by unlicensed’ motoring law – Daily Telegraph

“A road safety law designed to crack down on uninsured and unlicensed drivers has been undermined by Britain’s most senior judges after they cleared a driver of any blame for a fatal crash.”

Full story

Daily Telegraph, 31st July 2013

Source: www.telegraph.co.uk

Regina v Williams (Jason John) – WLR Daily

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.