MIB arbitration

Writing in the APIL PI Focus Issue Five, Andrew Campbell of Withy King drew attention to a decision handed down on 25 June. The claim of a victim of a hit-and-run accident was not accepted by the MIB or by the arbitrator on a subsequent oral hearing on liability. The MIB’s solicitors sought £5,858.55 in costs. The arbitrator, Geraint Jones QC, held ‘In my view it cannot be right that the MIB should be able to recover costs greater than they would have been liable to pay to the applicant had he been successful. Thus I agree with the applicant that his liability for costs, should be equally limited… to £500 in respect of the oral hearing.’ The applicant had relied on paragraph 24(4) of the MIB un-traced driver’s agreement UDA 2003.