MIB Untraced Drivers Agreement Disadvantaged Minors

Ben Byrne v MIB & Secretary of State for Transport

[2008] EWCA Civ 574

The facts: B was injured in a hit and run accident in 1993

when he was 3 years old. His parents did not seek compensation

from the MIB under the Untraced Drivers Agreement 1972 (UTDA)

until he was 11 years old. The MIB rejected the claim on the

grounds that the application was more than 3 years after the

accident and thus out of time.

B contended that the agreement contravened the Second EU

Motor Insurance Directive that in effect requires that the

protection afforded under both the Uninsured and Untraced

Agreements must be as effective as the protection available

under the national legal system to victims of insured

drivers.

B issued proceedings seeking damages from the MIB, and from

the Secretary of State for failing properly to implement the EU

Directive.

The trial judge found that the UTDA was inconsistent with s

28 of the Limitation Act 1980 which provides an extension of

the limitation periods where a claimant is a minor. The MIB

appealed.

The decision: The appeal was dismissed. The

MIB's Untraced Drivers Agreement 1972 is in breach of the

EU Directive. It clearly and distinctly disadvantaged minors by

failing to provide equivalent protection in such a way that

could drastically affect their substantive rights. The

agreement should be interpreted in such a way as to be no less

...

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