Untraced drivers and the MIB

The correctness of the UK’s implementation of the EC’s Motor Insurance Directives has again come before the English courts, this time in Moore v Secretary of State for Transport [2007] EWHC 879 (QB). This was another action for damages against the UK Government in respect of losses which the victim claimed to have suffered by reason of the fact that the Untraced Drivers Agreement 1972 did not comply with the Second Motor Insurance Directive. In the event the claim foundered not on its merits but by reason of the expiry of the relevant limitation period.