News

QBD Judgment on an EU law challenge against the MIB's 2003 Untraced Driver's Agreement.
9 December 2010

David Barr, together with Jemima Stratford QC of Brick Court Chambers, appeared for the Secretary of State in defeating this challenge. The claimant sought to argue that the 2003 Untraced Driver's Agreement failed to implement Article 1(4) of the Second Directive (EEC Directive 84/5/EEC). In essence, the Claimant argued that the inquisitorial system devised by the 2003 Agreement with its more limited right of recovering legal costs and disbursements than in the adversarial environment of civil litigation amounted to a failure by the Secretary of State properly to implement the provisions of the Directive. Higginbottom J rejected each of the Claimant's criticisms and dismissed her claims.   The judgment includes useful guidance for practitioners on the proper interpretation of the Agreement.

The judgment can be found on Lawtel: Arlene Carswell (As Personal Representative Of James Carswell, Deceased) V (1) Secretary Of State For Transport (2) Motor Insurers' Bureau [2010] EWHC Civ 3230 (QB).