CASE LAW: Moreno v Motor Insurers’ Bureau

Supreme Court
Moreno v Motor Insurers’ Bureau
[2016] UKSC 52; [2016] WLR (D) 453

Facts

The claimant, a United Kingdom resident, was seriously injured whilst on holiday in Greece when she was hit by a Greek registered car driven by an uninsured driver. The claimant made a claim against the defendant in its capacity as a compensation body under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, which transposed into law a series of Council Directives but were enacted prior to the codifying Council Directive 2009/103/EC (“the Sixth Directive”). The defendant accepted that the driver of the vehicle was liable under the law of Greece and contended that compensation should be assessed in accordance with Greek law. The claimant contended that under the Regulations compensation should be assessed in accordance with the law of England and Wales and that there was nothing in the Sixth Directive to the contrary or precluding that. On the hearing of a preliminary issue, the judge concluded that he was bound by decisions of the Court of Appeal to hold that the scope of the defendant’s liability was to be determined in accordance with the law of England and Wales. The judge granted a certificate for appeal direct to the Supreme Court, which granted the defendant permission to appeal.

Sources:
http://www.iclr.co.uk/case-summaries/2016/wlrd/453
https://www.supremecourt.uk/cases/docs/uksc-2015-0113-judgment.pdf