UPDATE - Wilkinson v Fitzgerald - 19 May 2010
20/5/2010
The Court of Appeal has referred our case of Wilkinson v Fitzgerald to the European Court of Justice. In so doing, their Lordships considered that for insurance companies to recoup compensation from injured passengers [Section 151(8) of the Road Traffic Act 1988] appears inconsistent with European Community law [Articles 12 and 13 of the 2009 consolidating Motor Directive].
Specifically, their Lordships did not accept the submissions on behalf of Churchill (the Road Traffic Act insurers of the vehicle in which Mr Wilkinson was a passenger) that the power to recoup under Section 151(8) stood alone from the insurers' duty to compensate passenger victims under Section 151(4).
The questions to be referred to the European Court of Justice are whether Section 151(8) complies with Community Law and/or whether some amendment or reinterpretation as to the degree of the insured's knowledge of the driver's lack of insurance might provide compliance.
Click here to read our summary of Mr Justice Blair's original judgment - 11th June 2009
Click here to read the full Appeal Judgment - 19th May 2010
