Which is the Applicable Law in Recovery of Losses from an Uninsured Driver? Moreno v The Motor Insurers’ Bureau [2016] UKSC 52

Katy Ferris, James Marson


This note addresses the case of Ms Tiffany Moreno, a UK national, who, when on holiday in Greece in May 2011, was struck by a car whilst walking along a road, and suffered serious injury. The car was registered in Greece, however the driver, who was at fault, had no driving licence and was uninsured. Moreno brought her claim for recovery of damages from the UK’s guarantee fund (the Motor Insurers’ Bureau), a body required to fulfil such a role under EU law. The issue for the Supreme Court was whether, in assessing the quantum of damages, the law of the member state in which the accident and losses occurred applied, or was the applicable law that in which the claimant was resident and from which she made her application.

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