Claims by dependants of deceased passengers

The Court of Appeal has, in Phillips v Rafiq [2007] EWCA Civ 74, upheld the first instance judgment of HHJ Richard Seymour QC ( [2006] Lloyd’s Rep IR 809; Insurance Law Monthly ( Volume 18: December (pp7–9))) and has ruled that clause 5.1(e) of the Motor Insurers’ Bureau (MIB) Uninsured Drivers’ Agreement 1999 does not preclude a claim under the Fatal Accidents Act 1976 by the dependant of a passenger who would himself have been unable to recover from the MIB by reason of his knowledge that the driver was uninsured.