MIB Untraced Drivers Agreement Disadvantaged Minors
Ben Byrne v MIB & Secretary of State for Transport
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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