Motor insurance: private land

The Court of Appeal in Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909 has affirmed the first instance decision of Soole J in Lewis v Tindale [2019] Lloyd’s Rep IR 324, confirming that the Road Traffic Act 1988 does not comply with EU law in the form of the Consolidated Motor Insurance Directive 2009, European Parliament and Council Directive 2009/103/EC in failing to require insurance for vehicles used and causing injury on private land. The Court of Appeal further held that the requirement was one that was capable of having direct effect and could be enforced against the Motor Insurers’ Bureau.

Lewis: the facts