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 favorable than to other minors under s 28 of the 1980 Act.
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