BYRNE v MOTOR INSURERS’ BUREAU AND ANOTHER

[2008] Lloyd's Rep IR 705

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/EEC.