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LLR: Insurance & Reinsurance Plus

BYRNE v MOTOR INSURERS’ BUREAU AND ANOTHER

[2008] Lloyd's Rep IR Plus 30

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Keene and Lord Justice Carnwath

Insurance (motor) – Motor Insurers’ Bureau Untraced Drivers Agreement – Victim injured aged three – MIB agreement containing three-year time bar – Action not brought for 13 years – Whether three-year time bar consistent with Second Motor Insurance Directive – Whether agreement to be construed to comply with Directive – Whether Directive enforceable against MIB – Whether UK government liable in damages – Council Directive 84/5/EC.

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