Failure to implement EU community law

Spencer v Secretary of Work & Pensions; Moore v Secretary of State for Transport and another [2008] EWCA Civ 750

Mr Moore had been injured by an untraced driver and received compensation from the Motor Insurers’ Bureau under The Untraced Drivers Agreement 1972, but claims that the compensation was inadequate, because the government had failed to implement correctly the Second Motor Insurance Directive (84/5/EEC). Mr Spencer had made a claim against his employer, which failed, and he made a claim against the government for its alleged failure to implement art 6(2) of Council Directive (89/391/EEC), into the Management of Health and Safety at Work Regulations 1992. The Court of Appeal upheld the findings of the judge in both cases that if a cause of action accrued, it did so when the claimant suffered their personal injuries and that the claims were therefore barred by s2 of Limitation Act 1980. The limitation period ran from the date of the substantive causes of action and accordingly both claims were statute-barred.