Why Byrne v The Motor Insurers' Bureau [2007] EWHC 1268 (QB) is wrong on MIB liability
In the second of two New Law Journal articles, Putting wrongs to rights (Part 2), I address head-on Mr Justice Flaux’s decision in Byrne v Motor Insurers Bureau (MIB) 2007 in which he ruled that although the MIB Untraced Drivers Agreement was intended to implement the European directives on motor insurance, they did not have direct effect against the MIB because it is not an emanation of the state.
I explain my reasons for holding that the learned judge’s decision was based on wrong law and incomplete facts, making his finding per incuriam.
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