Podcast Location:
Download it here [file size: 23.4 MB]
Categories:
Personal Injury
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast examines the MIB’s role and constitution. It looks at the the Uninsured Drivers Agreement 1999 and the Untraced Drivers Agreement 2003 in detail and examines the different procedures a claimant has to follow, and their various pitfalls. It considers recent case-law and the arguments for reform, and ends by analysing McCall v Poulton, the latest challenge in the ECJ on whether the MIB is an emanation of the state.

Outcomes:
After completing the course you will:
  • Understand the MIB’s role and constitution;
  • Know the provisions of the Uninsured Drivers Agreement 1999 and the Untraced Drivers Agreement 2003 in detail;
  • Understand the different procedures a claimant has to follow, and their various pitfalls;
  • Understand the impact of recent case-law and the arguments for reform;
  • Know the arguments in the case of McCall v Poulton, the latest challenge in the ECJ on whether the MIB is an emanation of the state.
Level:
Beginner Difficulty: 1 of 5
Sources and References:
  • The Uninsured Drivers Agreement 1999;
  • The Untraced Drivers Agreement 2003;
  • Road Traffic Act 1988;
  • E.C. Second Motor Insurance Directive 84/5;
  • E.C. Fifth Motor Insurance Directive 2005/14;
  • Byrne v MIB and SoS for Transport [2008] EWCA Civ 574;
  • Horton v Sadler [2006] UKHL 267;
  • Walkley v Precision Forgings Ltd [1979] 1 WLR 606;
  • Silverton v Goodall [1997] P.I.Q.R. P451;
  • Philips v Rafiq [2007] PIQR P304;
  • McCall v Poulton [2008] EWCA Civ 1313;
  • Marleasing SA v La Comercial Internacional de Alimentación SA (C-106/89) [1990] E.C.R. I-4135;
  • Farrell v Whitty [2008] IEHC 124.

This podcast gives an overview of the MIB, its history and current legal status. It examines the provisions of the current MIB agreements, and runs through the procedural pitfalls for bringing a claim. It then considers the impact of recent case-law and ends with discussion of McCall v Poulton currently before the ECJ.

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