Taxi Driver Online

Between:
Sean Robert Delaney

Claimant

- and -



The Secretary of State for Transport

Defendant


you may find this case intresting but its to big to put the full verson

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

Motor Insurers' Bureau - Damages - Sean Robert Delaney v The Secretary of State for Transport EWHC 1785 (QB)


High Court, Queen's Bench Division

Mr Justice Jay

3 June 2014

Summary

The exception clause 6(1)(e)(iii) of the Uninsured Driver’s agreement 1999, which excluded the MIB’s liability to passengers involved in 'criminal acts' was in breach of the UK’s obligations under EU Directives. The breach was sufficiently serious for the claimant to be entitled to Francovich damages.

Detail

On 25 November 2006, the claimant who was the front seat passenger of a vehicle driven by Shane Pickett suffered severe injuries in a road traffic accident due to the negligence of Mr Pickett. The claimant and Mr Pickett were both found in possession of cannabis. The claimant brought a claim against the driver’s insurers, Tradewise Insurance Services Ltd (“Tradewise”) who sought to avoid the policy pursuant to section 152(2) of the RTA 1988 Act on the grounds of non disclosure of material facts and misrepresentation. The claim effectively became an uninsured case to be dealt with by the Motor Insurers’ Bureau (“MIB”). Tradewise standing in the place of the MIB became the Article 75 insurers liable to meet the claim. However, when court proceedings were commenced against Mr Pickett and Tradewise, both claims were dismissed. It was held that the claimant’s claim was barred on grounds of public policy and the claimant knew or ought to have known that the vehicle was being used in the course or furtherance of crime, and therefore clause 6(1)(e)(iii) of the Uninsured Driver’s Agreement 1999 was applicable. The claimant appealed and his claim was dismissed on the clause 6(1)(e)(iii) issue. The claimant made a further claim for damages arising as a result of the Defendant being in breach o Article 1(4) of EU Directive 84/85.It was averred that the breach was sufficiently serious to entitle the claimant to Francovich damages under Community law principles.

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