For decades Insurers and the Motor Insurance Bureau have refused compensation to injured members of the public just because the negligent driver who caused the injuries was driving an off-road vehicle. Now that defence, which was always contrary to principle and undermined the whole raison d’etre of the Road Traffic Act 1988, has been pretty much abolished. Mr Justice Bryan in Lewington v MIB [2017] EWHC 2848, judgment attached here, ruled that the Act must be interpreted in accordance with the EC Directive on road traffic insurance and that the Directive does not permit derogation from the blanket obligation to insure vehicles used on public roads.
For Charli Lewington it has been a long hard fight. The MIB refused her application for compensation under the Untraced Drivers Agreement 2003. On appeal by way of arbitration Richard Methuen QC rejected her application on paper and then again after a full hearing. Finally 5 years and 8 months after the accident in which Ms Lewington suffered spinal fractures, the High Court has delivered justice.
Andrew Ritchie QC was instructed by Slater and Gordon, Manchester.
Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…
This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…
Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…
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