Butt & Ors v D’Amato [2020] EWHC 3479 (QB)

In this application before Mr Justice Eady,  Katherine Deal QC (instructed by Irwin Mitchell) acted for the Claimants.

Mr Justice Eady: “I am concerned with an application made by the Third Defendant, MAPFRE Middlesea Plc (“D3”), received by the Court on 13 November 2020, for a preliminary reference to be made to the Court of Justice of the European Union (“CJEU”), pursuant to Article 267 of the Treaty on the Functioning of the European Union (“the TFEU”), in relation to the following questions:

(1) Where the limit of indemnity under a motor insurance policy is insufficient to satisfy claims by all injured victims in a motor accident, does European law (in particular, Motor Insurance Codification Directive 2009/103/EC) require that the available indemnity be distributed between the victims in any particular way?

(2) If so, on what basis (taking into account that claims by victims can be advanced at different times and in different jurisdictions)?”

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