Wigley-Foster v Wilson and another

Motor insurance – Motor Insurers' Bureau. The Court of Appeal, Civil Division, allowed the claimant's appeal concerning the construction and application of Parliament and Council Directive (EC) 2000/26 and the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, SI 2003/37, in circumstances where an insurer had become insolvent. It held that the second defendant Motor Insurers' Bureau's submissions, which included the contention that the obligation of compensation bodies under art 6 of the Directive ceased in the event of an intervening insolvency of the insurer, required reading into the Directive a substantial qualification which was nowhere expressed and which was unnecessary to enable the Directive to function in accordance with its purpose and terms.

Category: