MOTOR INSURERS’ BUREAU V LEWIS

[2019] EWCA Civ 909 Court of Appeal, Lord Justice Henderson, Lord Justice Flaux and Sir Stephen Richards, 5 June 2019

Insurance (motor) – Compulsory insurance – Whether insurance required for use of vehicle on private land – Whether policy to be construed as covering such liability – Whether Motor Insurers’ Bureau liable to satisfy judgment – Whether EU law directly effective – Whether MIB was an emanation of the state – Road Traffic Act 1988, section 145 – Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC

L was injured on private land by a motor vehicle driven by T. L obtained judgment against T, who was uninsured. L sought to enforce the judgment against the MIB under the Uninsured Drivers Agreement 1999. The MIB argued that it was not bound to pay compensation because the Road Traffic Act 1988 did not require insurance for use of a vehicle on private land. The questions in the present case were: whether the liability incurred by L was required to be covered by a motor policy under the Road Traffic Act 1988; if not whether there was an obligation to insure conferred by the Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC; and if there was an obligation under the Directive whether that obligation was directly enforceable against the Motor Insurers’ Bureau as an emanation of the state.