The areas of work in which we have particular expertise, experience and excellence.
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 who wrote the APIL “Guide to MIB Claims” (Jordans, new edition in 2016) 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 , 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.