Andrew Ritchie QC

9 Gough Square, London EC4A 3DG 

Tel:  0207 832 0500     DX: LDE 435 Chancery Lane

e-mail: aritchie@9goughsq.co.uk

www.andrewritchieqc.co.uk

Areas of law in which Andrew Practices:  Personal Injury,  Medical Negligence,  Professional Negligence,  Professional Discipline, Inquests and Inquiries, Arbitration, Mediation

MIB Uninsured driver claims:

Ademneskell v Bryan and MIB [2011] The claimant was a pedestrian knocked down by an uninsured driver on an off road style trail bike. The MIB defended on the basis that as a matter of interpretation of the Road Traffic Act 1988 no insurance was required for off road trail bike. Hence they were not liable to compensate. Complicated European Law aspects and interpretation of statute. Case of general public importance. Case settled after the Secretary of Sate was joined to the action and the expert evidence was served. 

Carswell v Sec of State & MIB [2010] EWHC 3230 (QB) representing a widow asserting that the Untraced Drivers Agreement 2003 was drafted in breach of European Law because it fails to provide adequately for the claimants legal costs.

X v MIB [2009] representing brain injured child. Settled for £1.3 million plus PPOS of £32,000 rising to £70,000 for care and case management.

Phillips v Rafiq and Motor Insurers Bureau [2007] EWCA Civ 74, Times, February 21, 2007. Fatal accident claim, interpretation of the Uninsured Drivers Agreement 1999 – representing the successful widow of the deceased could claim damages from the MIB despite her husband knowing that the driver was uninsured.

 

MIB Untraced Drivers appeals/arbitrations

Lewington v MIB [2017] EWHC 2848, representing the claimant, judgment attached here, ruled that the Road Traffic Act 1988 must be interpreted in accordance with the EC Directive on road traffic insurance and that the Directive does not permit derogation from the blanket obligation to insure vehicles used on public roads.  The claimant won.

A v MIB [2012] appeal to the arbitrator against an award of £1,900,000 made by the MIB in a hit and run case under the Untraced Drivers Agreement 1996.   The arbitrator increased the award to £2,600,000.

Andrews v MIB [2012]  appeal to an arbitrator against the MIB refusal to make any award to a paraplegic man under the Untraced Drivers Agreement 2003.  3 day hearing.  Award:  the MIB were held liable and ordered to pay the costs.

 

MIB Publications:  Editor of “MIB Claims” 4th Edition, published by Jordans, 2016

 

  

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He is the cream of the crop, a no-nonsense QC who cuts right to the key issues”

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CV