MCCALL AND OTHERS v POULTON AND ANOTHER

[2009] Lloyd's Rep. IR 454

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Carnwath and Lord Justice Wilson

Insurance (motor) — Claimant incurring hire charges for replacement vehicle — Claimant indemnified by insurers — Defendant uninsured — Subrogation action by claimant’s insurers under Motor Insurers’ Bureau Uninsured Drivers Agreement — Whether agreement to be construed in accordance with Second Motor Insurance Directive, 84/5/EEC — Whether MIB “emanation of the state” so that Directive directly effective.