Notice to MIB

Richardson v Watson and another CA TLR 13 December

The claimant’s husband was killed when the car that he was driving collided with a car driven by the first defendant who was uninsured. The claimant brought a claim against the first defendant, but failed to give timely notice to the MIB, which was a condition precedent to the liability of the MIB to meet any liability established against the first defendant. The claimant then discontinued that claim and commenced a fresh action against the first defendant, giving timely notice to the MIB. However, the second action was commenced outside the three-year limitation. The judge struck out the second action as an abuse of process.