Cathleen Noctor, Richard Lyons

ISBN13: 9781526525260
Previous Edition ISBN: 9781847669926
To be Published: October 2024
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback

This book provides you with a comprehensive guide to the law which has built up around the MIBI Agreements and focusses on both statutory and common law liability, together with European law.

Key Features and Highlights:

• Contains an appendix with precedent indorsements of claims
• The only book that deals specifically with the law around the Motor Insurers' Bureau of Ireland
• Written by three barristers who specialise in this area

Description:

Your comprehensive guide to the law that has built up around the Motor Insurers’ Bureau of Ireland (MIBI) Agreements. The MIBI deals primarily with compensation of victims in road traffic accidents where the drivers are untraced and uninsured. This book focusses on both statutory and common law liability, together with European law.

The third edition benefits from analysis of recent key developments in the law since the previous edition, which was published in 2012, including:

• ­
• The CJEU’s finding of the MIBI to be an emanation of the State subsequent to Farrell v Whitty
• Mongan v Mongan and MIBI, which dealt extensively with the use of a vehicle as a weapon and whether the MIBI could be liable for assaults
• The CJEU’s landmark Vnuk decision, which widened the potential liability of the MIBI to include normal use of vehicles on private property;
• Smith v Meade and MIBI with its important consequences relating to insurance policies

The chapter on foreign vehicles has also been revised to reflect the post-Brexit landscape.

Contents:

Ch 1: Introduction
Ch 2: The Obligation to Insure: Liability of the MIBI
Ch 3: Exclusion of Claims
Ch 4: Claiming Compensation from the MIBI: Conditions Precedent and Decisions on Claims
Ch 5: Suing the MIBI: Conditions Precedent and PIAB
Ch 6: Property Damage
Ch 7: Unidentified or Untraced Owner or User
Ch 8: The 1% Rule
Ch 9: Mandates and Recovery Rights of the MIBI
Ch 10: Parties to Actions affecting the MIBI and Satisfaction of Judgments
Ch 11: Costs where Claimant must bring Two Actions
Ch 12: The MIBI: An Emanation of the State
Ch 13: Foreign Vehicles in Ireland and Irish Vehicles and Residents Abroad
Appendices