Our newsflash about the decision today sets out its procedural context and the difficulties that would be associated with allowing a claimant to issue proceedings against an untraced driver.
Another view of the judgment is that it by and large entirely validates the mechanisms of the MIB’s untraced agreement, which are found to be consistent with the relevant European Directive.
The Rome II regulation stipulates that questions of limitation should be reserved to the substantive applicable law of the tort. Two recent developments point to answers to whether a court’s national code may override that and to whether there should be a specific regime for limitation in cross border motor claims in particular.
Despite Brexit being very much to the foreground, the usual business of the European institutions goes on in the background. This week, for example, the Parliament voted in plenary session on a range of reforms to the Motor Insurance Directive.
Matters have been developing ever since the Court’s decision in Vnuk v Zararovalnica in 2014 and gained fresh momentum with publication of the Commission’s recommendations last May. We have covered this topic extensively as it progressed.