Nicholas Bevan explains why Delaney is a game changer
In Delaney v Secretary of State for Transport [2015] EWCA Civ 172, the Court of Appeal upheld Mr Justice Jay’s strident finding that the UK government was liable to compensate a seriously injured car passenger for his injuries. Its liability was due to the failure by successive governments to extend adequate compensatory protection to third party victims, as required under European law.
Empty victory
This Francovich action arose out of an earlier claim by Sean Delaney against his driver (Shane Pickett) and the vehicle’s motor insurers (Tradewise). It proved to be something of an empty victory. Although the driver admitted full responsibility for the accident, he was not the main target. Delaney’s only hope of recovering his extensive compensatory needs depended on his establishing that Tradewise was also liable to compensate him: either directly under s 151 of the Road Traffic Act 1988 (RTA 1988), or indirectly as agents of the Motor Insurance Bureau (MIB) under the terms of the Uninsured Drivers Agreement 1999.
Delaney’s first set-back was in January 2011 when HHJ Gregory dismissed both
