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Supreme Court allows appeal in Moreno v Motor Insures’ Bureau

Date: August 3, 2016

The Supreme Court has today handed down judgment in the case of Moreno v Motor Insurers’ Bureau [2016] UKSC 52. In a judgment given by Lord Mance, the Supreme Court unanimously allowed the Motor Insurers’ Bureau’s appeal against the decision of Gilbart J.

The issue on appeal was whether English or foreign law determines the scope of the damages recoverable from the Motor Insurers’ Bureau by a British resident injured by an uninsured or untraced driver in another European country. The Court held, reversing two previous decisions by the Court of Appeal, that the law of the place of the accident is the relevant law for the assessment of damages. The decision has implications for a number of cases and will be binding in all claims under the Fourth Motor Insurance Directive.

Marie Louise Kinsler and Alistair Mackenzie acted for the Motor Insurers’ Bureau.

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