The MIB make wily opponents and they revel in the intricacies of the Uninsured and Untraced Drivers’ agreements to catch the unwary. Fortunately, the team at 9 Gough Chambers have renowned experience in dealing with claims under both agreements. In fact, as well as advising on the workings of the schemes, they also advise on the often thorny initial question of whether a claim should include the MIB at all. This advice centres on whether an insurer is a contractual insurer, a RTA insurer pursuant to s.151; or an Article 75 insurer, in which case they act as agents for the MIB.

The team is led by Andrew Ritchie QC who wrote the APIL “Guide to MIB Claims” (Jordans). With other team members contributing to APIL’s Guide to RTA Liability (Jordans) as well as Butterworth’s Personal Injury litigation Service.  Both publications having dedicated sections on the MIB.

Accordingly, it is clear that the team is well placed to advise on all aspects of road traffic insurance and the need to and practicalities of litigating against the MIB, including ultimately to arbitration, a very rare occurrence (see Andrews v MIB [2012], Lawtel).

Litigation against the MIB is a fertile and changing area of jurisprudence with the added complications of having European origins. Recent cases of VNUK and Delany v Secretary of State for Transport demonstrate that not only do practitioners need to know and understand how to apply the current MIB agreements, they also need to be cognisent of the flaws in the current agreements that could be open to successful challenge. This is likely to remain the case despite the new Uninsured Drivers’ Agreement and the team here remain eager to assist in all stages of such litigation.

Personal Injury Expertise

MIB Barristers

Grahame Aldous QC

Call: 1979 Silk: 2008

Catherine Atkinson

Call: 2006

Giles Bedloe

Call: 2001

Laura Begley

Call: 1993

Simon Brindle

Call: 1998

Edwin Buckett

Call: 1988

Theodore Bunce

Call: 2018

Simon Butler

Call: 1996

James Byrne

Call: 2006

Adam Dawson

Call: 2000

William Dean

Call: 2011

Jeremy Ford

Call: 1996

John Foy QC

Call: 1969 Silk: 1998

Perrin Gibbons

Call: 1998

Stephen Glynn

Call: 1990

Sabrina Hartshorn

Call: 2001

Laura Hibberd

Call: 2013

Roger Hiorns

Call: 1983

Robert Horner

Call: 1999

Thomas Jones

Call: 2015

Cyrus Katrak

Call: 1991

Amelia Katz

Call: 2018

Edward Lamb

Call: 2006

Kate Lamont

Call: 2007

Jacob Levy QC

Call: 1986 Silk: 2014

Lucy Lodewyke

Call: 2018

Esther Maclachlan

Call: 2005

Stuart McKechnie QC

Call: 1997 Silk: 2018

Max Melsa

Call: 2015

Oliver Millington

Call: 2003

Giles Mooney QC

Call: 1998 Silk: 2019

Kyah Mufti

Call: 2016

Gaurang Naik

Call: 1985

Linda Nelson

Call: 2000

Jennifer Newcomb

Call: 2006

Johnathan Payne

Call: 1997

Helen Pooley

Call: 2012

Esther Pounder

Call: 2003

Tom Restall

Call: 2007

Hugh Rimmer

Call: 2003

Andrew Ritchie QC

Call: 1985 Silk: 2009

Ben Rodgers

Call: 2007

John Schmitt

Call: 2013

Bruce Silvester

Call: 1983

Abigail Stamp

Call: 2004

Gurion Taussig

Call: 2001

Holly Tibbitts

Call: 2010

Tara Vindis

Call: 1996

Vincent Williams

Call: 1985

Ben Zurawel

Call: 2010

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