Comp. of victims of untraced drivers of mot. vehs. - Agrmt. between the HAC and the Motor Insurers’ Bureau

STATES OF JERSEY

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COMPENSATION OF VICTIMS OF UNTRACED DRIVERS OF MOTOR VEHICLES: AGREEMENT BETWEEN THE HOME AFFAIRS COMMITTEE AND THE MOTOR INSURERS' BUREAU

Lodged au Greffe on 9th November 2004 by the Home Affairs Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to a p prove the terms of a draft agreement between the Home Affairs Committee and the Motor Insurers

Bureau with regard to the compensation of victims of untraced drivers of motor vehicles as set out in the Appendix to the report of the Home Affairs Committee dated 9th November 2004 and to order the printing and publication thereof.

HOME AFFAIRS COMMITTEE

REPORT

1. I n accordance withanagreement made on 31st December 1945 between the Minister ofWarTransport and insurers transacting compulsory motor insurance business in Great Britain, a corporation called the "Motor Insurer's Bureau"("MIB") was incorporated inEngland and Wales.
2. S i n ce 1954, the MIB has entered into agreements to compensate victims ofuninsuredmotorists in Jersey. The current uninsured drivers'agreementwas entered into on 7th September 2000 following a Report and Proposition lodgedon 20th June2000.
3. T h e MIBwishestoenter into an agreement with the Home Affairs Committee of the States of Jersey (the Committee)inrelationto untraced orunidentifieddrivers, a copy of whichagreement is set outbelow.
4. T h e draft agreementisbased upon the untraced drivers'agreementbetweenthe Secretary ofState for Transport and the MIBwhichcame into forceon 14th February 2003, with necessarymodificationsand adaptations to reflect the Island's law andcourtprocedures.
5. A lt hough not forming partof the agreement,guidance notes (a copy of which appear immediately after the Agreement) would be published for the benefit of victims of road traffic accidents to explain the circumstances inwhich a claim against the MIBunderthe new agreementmay arise and how a claimis made under the new agreement to the MIB.The guidance notes reflect local laws and courtprocedures.
6. T h e re are nomaterialfinancialormanpowerconsequencesofentering into this agreement.The principal lines of communication will be betweenthe victim(s)/affected persons and the MIB.

9th November 2004

THIS AGREEMENT is made the d a y of 2 0 0 b e tween the HOME AFFAIRS COMMITTEE OF THE STATES OF JERSEY (hereinafter referred to as "the Committee") and the MOTOR INSURERS' BUREAU, whose registered office is at Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes MK14 6XT (hereinafter referred to as "MIB").

IT IS HEREBY AGREED AS FOLLOWS:–

INTERPRETATION General interpretation

1. ( 1 ) I n this Agreement, unless the context otherwise requires, the following expressions have the following meanings –

"t h e L aw" means the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 as amended;

" 1 9 9 6 Agreement" means the Agreement made on 14th June 1996 between the Secretary of State for Transport for England Wales and Scotland and MIB providing for the compensation of victims of untraced drivers;

" 2 0 0 0 Agreement" means the Agreement dated 11th July 2000 made between the Committee and MIB providing for the compensation of victims of uninsured drivers;

" a p p licant" means the person who has applied in accordance with the provisions of this Agreement for compensation in respect of a death or bodily injury or damage to property (or the person on whose behalf such an application has been made) and "application" means an application made by or on behalf of an applicant;

"a w  a rd" means the aggregate of the sums which MIB is obliged to pay under this Agreement;

" b an k holiday" means a day which is, or is to be observed as, a bank holiday under the Public Holidays and Bank Holidays (Jersey) Law 1951, as amended from time to time;

"c r i m e" means a crime or délit;

"p o l i ce" means the States of Jersey Police or the Honorary Police; "p r o p erty" means any property whether movable or immovable;

" re l e vant proceedings" means civil proceedings brought by the applicant (whether or not pursuant to a requirement made under this Agreement) against a person other than the unidentified person in respect of an event described in clause 4(1);

" ro a d " means any public road, any road to which the public has access, any bridge over which a road passes, any public place and any sea beach;

"s o l ic itor" means a Jersey solicitor or Écrivain;

" sp e c ified excess" means £300 or such other sum as may from time to time be agreed in writing between the Committee and MIB;

" u n id entified person" means a person who is, or appears to be, wholly or partly liable in respect of the death, injury or damage to property to which an application relates and who cannot be identified.

( 2 ) S a ve as otherwise herein provided, the Interpretation (Jersey) Law 1954 shall apply for the interpretation of this Agreement as it applies for the interpretation of an enactment.

(3 ) W  here, under this Agreement, something is required to be done within a specified period after a date or the happening of a particular event, the period begins on the day after the happening of that event.

(4 ) W  here, apart from this paragraph, the period in question, being a period of 7  days or less, would include a Saturday, Sunday or bank holiday or Christmas Day or Good Friday, that day shall be excluded.

(5 ) S a ve where expressly otherwise provided, a reference in this Agreement to a numbered clause is a reference to the clause bearing that number in this Agreement and a reference to a numbered paragraph is a reference to a paragraph bearing that number in the clause in which the reference occurs.

(6 ) In this Agreement –

(a ) a r eference (however framed) to the doing of any act or thing by or the happening of any event in

relation to the applicant includes a reference to the doing of that act or thing by or the happening of that event in relation to a Solicitor or other person acting on his behalf, and

(b ) a r equirement to give notice or send documents to MIB shall, where MIB has appointed a Solicitor

or Advocate to act on its behalf in relation to the application, be satisfied by the giving of the notice or the sending of the documents, in the manner herein provided for, to that Solicitor or Advocate.

Applicants' representatives

2. W  h ere, under and in accordance with this Agreement –

(a ) a n y notice or other document is given to or by a Solicitor, Advocate or other person acting on

behalf of an applicant,

(b ) an y act or thing is done by or in respect of such Solicitor, Advocate or other person, (c ) an y decision is made by or in respect of such Solicitor, Advocate or other person, or (d ) an y payment is made to such Solicitor, Advocate or other person,

then, whatever may be the age or other circumstances affecting the capacity of the applicant, that act, thing, decision or payment shall be treated as if it had been done to or by, or made to or in respect of an applicant of full age and capacity.

APPLICATION OF AGREEMENT Duration of Agreement

3. (1)   T h is Agreement shall come into force on 1st January 2005.

(2 ) T h is Agreement may be determined by the Committee or by MIB giving to the other not less than twelve months notice in writing to that effect.

(3 ) N o twithstanding the giving of notice of determination under paragraph  (2) this Agreement shall continue to operate in respect of any application made in respect of death, bodily injury or damage to property arising from an event occurring before the date of termination specified in the notice.

Scope of Agreement

4. (1)   S a ve as provided in clause 5, this Agreement applies where –

(a ) th e death of, or bodily injury to, a person or damage to any property of a person has been caused

by, or arisen out of, the use of a motor vehicle on a road in Jersey, and

(b ) th e event giving rise to the death, bodily injury or damage to property occurred on or after 1st

January 2005, and

(c ) th e death, bodily injury or damage to property occurred in circumstances giving rise to liability of

a kind which is required to be covered by a policy of insurance or a security under the Law , and

(d ) it i s not possible for the applicant –

( i) t o id entify the person who is, or appears to be, liable in respect of the death, injury or

damage, or

( ii ) (w h ere more than one person is or appears to be liable) to identify any one or more of

those persons, and

(e ) th e applicant has made an application in writing to MIB for the payment of an award in respect of

such death, bodily injury or damage to property (and in a case where they are applicable the requirements of paragraph  (2) are satisfied), and

( f) t h e conditions specified in paragraph  (3), or such of those conditions as are relevant to the

application, are satisfied.

(2 ) W h ere an application is signed by a person who is neither the applicant nor a Solicitor or Advocate acting on behalf of the applicant MIB may refuse to accept the application (and shall incur no liability under this Agreement) until it is reasonably satisfied that, having regard to the status of the signatory and his relationship with the applicant, the applicant is fully aware of the content and effect of the application but subject thereto MIB shall not refuse to accept an application by reason only of the fact that it is signed by a person other than the applicant or his Solicitor or Advocate.

(3 ) T h e conditions referred to in paragraph (1)(f) are that –

(a ) ex c ept in a case to which sub-paragraph  (b) applies, the application must have been made not later

than –

(i ) t h re e years after the date of the event which is the subject of the application in the case of a

claim for compensation for death or bodily injury (whether or not damage to property has also arisen from the same event), or

(i i) n i n e months after the date of that event in the case of a claim for compensation for damage

to property (whether or not death or bodily injury has also arisen from the same event);

(b ) in a case where the applicant could not reasonably have been expected to have become aware of

the existence of bodily injury or damage to property, the application must have been made as soon as practicable after he did become (or ought reasonably to have become) aware of it and in any case not later than –

(i ) f if t ee n years after the date of the event which is the subject of the application in the case of

a claim for compensation for death or bodily injury (whether or not damage to property has also arisen from the same event), or

(i i) t w o years after the date of that event in the case of a claim for compensation for damage to

property (whether or not death or bodily injury has also arisen from the same event);

(c ) th e applicant, or a person acting on the applicant's behalf, must have reported that event to the

police –

(i ) i n t h e case of an event from which there has arisen a death or bodily injury alone, not later

than 14  days after its occurrence, and

( ii ) in th e case of an event from which there has arisen property damage (whether or not a

death or bodily injury has also arisen from it), not later than 5  days after its occurrence,

b u t w h e r e t h at is not reasonably possible the event must have been reported as soon as reasonably

possible;

(d ) th e applicant must produce satisfactory evidence of having made the report required under sub-

paragraph  (c) in the form of an acknowledgement from the police showing the crime or incident number under which that force has recorded the matter;

( e) a ft er making, or authorising the making of, a report to the police the applicant must have co-

operated with the police in any investigation they have made into the event.

(4 ) W h ere both death or bodily injury and damage to property have arisen from a single event nothing contained in this clause shall require an applicant to make an application in respect of the death or bodily injury on the same occasion as an application in respect of the damage to property and where two applications are made in respect of one event the provisions of this Agreement shall apply separately to each of them.

Exclusions from Agreement

5. ( 1 ) T h is Agreement does not apply in the following cases –

(a ) w h ere no death or bodily injury has been caused to any person and the damage to property in

respect of which the application is made has been caused by, or has arisen out of, the use of an unidentified vehicle;

(b ) w h ere the death, bodily injury or damage to property in respect of which the application is made

was caused by or arose out of the use of a motor vehicle which at the time of the event giving rise to such death, injury or damage was owned by or in the possession of the Crown, the States of Jersey or any parochial authority unless at that time some other person had undertaken responsibility for bringing into existence a policy of insurance or security satisfying the requirements of the Law;

(c ) w h ere, at the time of the event in respect of which the application is made, the applicant (or, if the

applicant is claiming in respect of the death of another person, that person) was voluntarily allowing himself to be carried in the responsible vehicle and before the commencement of his journey in the vehicle (or after such commencement if he could reasonably be expected to have alighted from the vehicle) he knew or ought to have known that the vehicle –

(i ) h a d b een stolen or unlawfully taken, or

(i i) w a s being used without there being in force in relation to its use a contract of insurance or

security which complied with the Law; or

(i ii ) w a s being used in the course or furtherance of crime; or

(i v ) w a s being used as a means of escape from or avoidance of lawful apprehension;

( d ) w h ere the death, bodily injury or damage to property was caused in the course of an act of

terrorism;

(e ) w h ere property damaged as a result of the event giving rise to the application is insured against

such damage and the applicant has recovered the full amount of his loss from the insurer on or before the date of the application (but without prejudice to the application of the Agreement in the case of any other claim for compensation made in respect of the same event);

(f ) w h ere a claim is made for compensation in respect of damage to a motor vehicle (or losses arising

therefrom) and, at the time when the damage to it was sustained –

(i ) t h e re was not in force in relation to the use of that vehicle such a contract of insurance as is

required by the Law, and

( ii ) th e applicant (or, if the applicant is claiming in respect of the property of a deceased

another person, that person) either knew or ought to have known that was the case,

( b u t w  it h o u t prejudice to the application of the Agreement in the case of any other claim for

compensation made in respect of the same event);

(g ) w h ere the application is made neither by the person suffering death, injury or property damage nor

by the personal representative of that person nor by a person claiming in respect of the death of another but made in the following circumstances, namely –

(i ) w  h er e a cause of action or judgment has been assigned to the applicant, or

(i i ) w h e re the applicant is acting pursuant to a right of subrogation or similar contractual or

other right belonging to him.

(2 ) T h e burden of proving that the person suffering death injury or damage to property knew or ought to have known of any matter set out in paragraph  (1)(c) shall be on MIB but, in the absence of evidence to the contrary, proof by MIB of any of the following matters shall be taken as proof of knowledge of the matter set out in paragraph  (1)(c)(ii) –

(a ) th a t he was the owner or registered keeper of the vehicle or had caused or permitted its use;

(b ) th a t he knew the vehicle was being used by a person who was below the minimum age at which he

could be granted a licence authorising the driving of a vehicle of that class;

(c ) th a t he knew that the person driving the vehicle was disqualified for holding or obtaining a driving

licence;

( d ) th a t he knew that the user of the vehicle was neither its owner nor registered keeper nor an

employee of the owner or registered keeper nor the owner or registered keeper of any other vehicle.

(3 ) W h ere –

(a ) th e application includes a claim for compensation both in respect of death or bodily injury and also

in respect of damage to property, and

(b ) th e death or injury and the property damage has been caused by, or has arisen out of, the use of an

unidentified vehicle,

the Agreement does not apply to the claim for compensation in respect of the damage to property. (4 ) F o r the purposes of paragraph (1) –

(a ) re f erences to a person being carried in a vehicle include references to his being carried in or upon,

or entering or getting on to or alighting from the vehicle;

(b ) k n owledge which a person has or ought to have for the purposes of sub-paragraph (c) includes

knowledge of matters which he could reasonably be expected to have been aware of had he not been under the self-induced influence of drink or drugs;

(c ) "c r ime" does not include the commission of an offence under the Road Traffic (Jersey) Law 1956,

as amended;

(d ) " re sponsible vehicle" means the vehicle the use of which caused (or through the use of which

there arose) the death, bodily injury or damage to property which is the subject of the application;

(e ) "t e rrorism" means –

(i ) t h e use or threat of action including the use or threat of action taken for the benefit of a

proscribed organisation where –

(a ) th e a c ti o n f a lls within (ii) below,

  (b ) t h e u s e o r th reat is designed to influence the government or intimidate the public or

a section of the public, and

  ( c ) th e u s e o r threat is made for the purpose of advancing a political, religious or

ideological cause,

(i i) A c t i on falls within this sub-clause if it –

  (a ) in v o l v e s s e r ious violence against a person,   (b ) i n v o lv e s s e r ious damage to property,

(c ) e n d a n g e rs a person's life, other than the person committing the action,

  (d ) c r e a te s a s e rious risk to the health or safety of the public or a section of the public,

or

(e ) is d e si g n e d s eriously to interfere with or seriously to disrupt an electronic system,

(i i i) t h e use or threat of action falling within (ii) above which involves the use of firearms or

explosives is terrorism whether or not it falls under (i)(b) above,

(i v ) f o r th e purpose of this sub-clause –

  (a ) " a c ti o n " s h a ll include action outside Jersey,

  (b ) a r e f e re n c e to any person or to property is a reference to any person or to property,

wherever situated,

  (c ) a r e f e r en c e to the public includes a reference to the public of a country other than

Great Britain, and

(d ) " t h e g o v e r n ment" means the government of Great Britain, of a Part of Great Britain

or of a country other than Great Britain or the States of Jersey.

Limitation on application of Agreement

6. ( 1 ) T h is clause applies where an applicant receives compensation or other payment in respect of the death, bodily injury or damage to property otherwise than in the circumstances described in clause 5(1)(e) from any of the following persons –

(a ) an insurer or under an insurance policy (other than a life assurance policy)or arrangement between

the applicant or his employer and the insurer, or

(b ) a p erson who has given a security pursuant to the requirements of the Law under an agreement

between the applicant and the security giver, or

(c ) a n y other source other than a person who is an identified person for the purposes of clauses 13 to

15 or an insurer of, or a person who has given a security on behalf of, such a person.

(2 ) W  here the compensation or other payment received is equal to or greater than the amount which MIB would otherwise be liable to pay under the provisions of clauses 8 and 9 MIB shall have no liability under those provisions (to the intent that this Agreement shall immediately cease to apply except to the extent that the applicant is entitled to a contribution to his legal costs under clause 10).

(3  ) W  here the compensation or other payment received is less than the amount which MIB would otherwise be liable to pay under the provisions of clauses 8 and 9 MIB's liability under those provisions shall be reduced by an amount equal to that compensation or payment.

PRINCIPAL OBLIGATIONS OF MIB AND APPLICANT MIB's obligation to investigate claims and determine amount of award

7. (1)   M I B shall, at its own cost, take all reasonable steps to investigate the claim made in the application and –

(a ) if it is satisfied after conducting a preliminary investigation that the case is not one to which this

Agreement  applies  and  the  application  should  be  rejected,  it  shall  inform  the  applicant accordingly and (subject to the following provisions of this Agreement) need take no further action; or

(b ) in any other case, it shall conduct a full investigation and shall as soon as reasonably practicable

having regard to the availability of evidence make a report on the applicant's claim.

(2 ) S u bject to the following paragraphs of this clause, MIB shall, on the basis of the report and, where applicable, any relevant proceedings –

(a ) re a ch a decision as to whether it must make an award to the applicant in respect of the death,

bodily injury or damage to property; and

(b ) w h ere it decides to make an award, determine the amount of that award.

(3 ) W h ere MIB reaches a decision that the Agreement applies and that it is able to calculate the whole amount of the award the report shall be treated as a full report and the award shall (subject to the following provisions of this Agreement) be treated as a full and final award.

(4 ) W  here MIB reaches a decision that the Agreement applies and that it should make an award but further decides that it is not at that time able to calculate the final amount of the award (or a part thereof), it may designate the report as an interim report and where it does so –

(a ) it m  ay, as soon as reasonably practicable, make one or more further interim reports; but

(b ) it must, as soon as reasonably practicable having regard to the availability of evidence, make a

final report.

( 5 ) W  here it makes an interim or final report MIB shall, on the basis of that report and, where applicable, any relevant proceedings –

(a ) in the case of an interim report, determine the amount of any interim award it wishes to make; and

(b ) in the case of its final report, determine the whole amount of its award which shall (subject to the

following provisions of this Agreement) be treated as a full and final award.

( 6 ) M  IB shall be under an obligation to make an award only if it is satisfied, on the balance of probabilities, that the death, bodily injury or damage to property was caused in such circumstances that the unidentified person would, (had he been identified) have been held liable to pay damages to the applicant in respect of it.

(7 ) M I B shall determine the amount of its award in accordance with the provisions of clauses 8 to 10 and (in an appropriate case) clauses 12 to 14 but shall not thereby be under a duty to calculate the exact proportion of the award which represents compensation, interest or legal costs.

Compensation

8. ( 1 ) M  IB shall include in its award to the applicant, by way of compensation for the death, bodily injury or damage to property, a sum equivalent to the amount which a court applying the law of the Island of Jersey, in a case where the event giving rise to the death, injury or damage occurred in Jersey would have awarded to the applicant if the applicant had brought successful proceedings to enforce a claim for damages against the unidentified person.

( 2 ) I n calculating the sum payable under paragraph (1), MIB shall adopt the same method of calculation as the court would adopt in calculating damages but it shall be under no obligation to include in that calculation an amount in respect of loss of earnings suffered by the applicant to the extent that he has been paid wages or salary (or any sum in lieu of them) whether or not such payments were made subject to an undertaking on his part to repay the same in the event of his recovering damages for the loss of those earnings.

(3 ) W  here the application includes a claim in respect of damage to property, MIB's liability shall be limited in accordance with the following rules –

(a ) if the loss incurred by an applicant in respect of any one event giving rise to a claim does not

exceed the specified excess, MIB shall incur no liability to that applicant in respect of that event;

(b ) if t he aggregate of all losses incurred by both the applicant and other persons in respect of any one

event giving rise to a claim exceeds the specified excess but does not exceed £250,000 –

(i ) M I B 's total liability to an individual applicant shall be the amount of the claim less the

specified excess, and

(i i ) M I B 's total liability to applicants in respect of claims arising from that event shall be the

total loss less a sum equal to the specified excess multiplied by the number of applicants who have incurred loss through damage to property;

(c ) if t he total loss exceeds £250,000 –

(i ) M  I B 's liability to an individual applicant shall not exceed the amount of the claim less the

specified excess, and

( ii ) M IB 's total liability to applicants in respect of claims arising from that event shall be

£250,000 less a sum equal to the specified excess multiplied by the number of applicants who have incurred loss

due to the property damage.

(4 ) M I B shall not be liable to pay compensation to an authority in respect of any loss incurred by that authority as a result of its failure to recover a charge for the recovery, storage or disposal of an abandoned vehicle from the owner of that vehicle or some other person under a power contained in the Road Traffic (Removal of Vehicles) (Jersey) Order 1963, as amended, (and in this paragraph "authority" has the meaning given in the Order under which the power to recover the charge was exercisable).

Interest

9. ( 1 ) M  IB shall in an appropriate case also include in the award a sum representing interest on the compensation payable under clause  8 at a rate equal to that which a court applying the law of the Island of Jersey, in a case where the event giving rise to the death, bodily injury or damage to property occurred in Jersey would have awarded to a successful applicant.

(2 ) M I B is not required by virtue of paragraph  (1) to pay a sum representing interest in respect of the period before the date which is one month after the date on which MIB receives the police report (but, where MIB has failed to seek and obtain that report promptly after the date of the application, interest shall run from the date which falls one month after the date on which it would have received it had it acted promptly).

Contribution towards legal costs

10. (1) M I B shall, in a case where it has decided to make a compensation payment under clause  8, also include in the award a sum by way of contribution towards the cost of obtaining legal advice from a Solicitor, Barrister or Advocate in respect of –

(a ) th e making of an application under this Agreement;

(b ) th e correctness of a decision made by MIB under this Agreement; or

(c ) th e adequacy of an award (or a part thereof) offered by MIB under this Agreement, that sum to be determined in accordance with the Schedule to this Agreement.

(2 ) M I B shall not be under a duty to make a payment under paragraph  (1) unless it is satisfied that the applicant did obtain legal advice in respect of any one or more of the matters specified in that paragraph.

Applicant's principal obligations

11. (1 ) T h e applicant shall –

(a ) m a ke his application in such form;

(b ) p ro vide in support of the application such statements and other information (whether in writing or

orally at interview); and

(c ) g iv e such further assistance,

as may reasonably be required by MIB or by any person acting on MIB's behalf to enable an investigation to be carried out under clause 7 of this Agreement.

(2 ) T h e applicant shall provide MIB with written authority to take all such steps as may be reasonably necessary in order to carry out a proper investigation of the claim.

(3  ) T h e applicant shall, if MIB reasonably requires him to do so before reaching a decision under clause 7, provide MIB with a statement sworn before an officer of the court, made by him, setting out to the best of his knowledge and belief all the facts and circumstances upon which his application is based or such facts and circumstances in relation to the application as MIB may reasonably specify.

( 4 ) T h e applicant shall, if MIB reasonably requires him to do so before it reaches a decision or determination under clause  7 and subject to the following provisions of this clause –

(a ) at MIB's option either –

(i ) b r in g proceedings against any person or persons who may in addition or alternatively to the

unidentified person, be liable to the applicant in respect of the death, bodily injury or damage to property (by virtue of having caused or contributed to that death, injury or damage to property, by being vicariously liable in respect of it or having failed to effect third party liability insurance in respect of the vehicle in question) and cooperate with MIB in taking such steps as are reasonably necessary to obtain judgment in those proceedings, or

(i i) a u t h orise MIB to bring such proceedings and take such steps in the applicant's name;

(b ) a t MIB's expense, provide MIB with a transcript of any official shorthand or recorded note taken

in those proceedings of any evidence given or judgement delivered therein; and

(c ) a ss ign to MIB or to its nominee the benefit of any judgement obtained by him (whether or not

obtained in proceedings brought under sub-paragraph  (a) above) in respect of the death, bodily injury or damage to property upon such terms as will secure that MIB or its nominee shall be accountable to the applicant for any amount by which the aggregate of all sums recovered by MIB or its nominee under the judgement (after deducting all reasonable expenses incurred in effecting recovery) exceeds the award made by MIB under this Agreement in respect of that death, injury or damage;

(d ) u n dertake to assign to MIB the right to any sum which is or may be due from an insurer, security

giver or other person by way of compensation for, or benefit in respect of the death, bodily injury or damage to property and which would (if payment had been made before the date of the award) have excluded or limited MIB's liability under the provisions of clause 6.

(6 ) W  here the applicant, without having been required to do so by MIB, has commenced proceedings against any person described in paragraph (4)(a) –

(a ) th e applicant shall as soon as reasonably possible notify MIB of such proceedings and provide

MIB with such further information about them as MIB may reasonably require; and

(b ) th e applicant's obligations in paragraph  (4)(a) to (c) shall apply in respect of such proceedings as

if they had been brought at MIB's request.

JOINT AND SEVERAL LIABILITY

Joint and several liability: interpretation

12. In clauses 13 to 15 –

"i d e n tified person" includes an identified employer or principal of a person who is himself unidentified;

" o ri g inal judgement" means a judgement obtained against an identified person at first instance in relevant proceedings;

"t h r e e month period" means the period of three months specified in clause 13(3); and

"u n i d entified person's liability" means –

( a ) t h e amount of the contribution which (if not otherwise apparent) would, on the balance of

probabilities, be recoverable from the unidentified person in an action brought by an identified person who had been held liable in full in an earlier action brought by the applicant; and

(b ) w h ere a court has awarded the applicant interest or costs in addition to damages, an appropriate

proportion of that interest or those costs.

MIB's liability where wrongdoer is identified

13. (1) T h is clause applies where the death, bodily injury or damage to property in respect of which the application is made is caused, or appears on the balance of probabilities to have been caused –

(a ) p ar tly by an unidentified person and partly by an identified person; or

( b ) p a rtly by an unidentified person and partly by another unidentified person whose employer or

principal is identified,

in circumstances making (or appearing to make) the identified person liable, or vicariously liable, to the applicant in respect of the death, injury or damage.

(2 ) W  here this clause applies, MIB's liability under this Agreement shall not exceed the unidentified person's liability and the following provisions shall apply to determine MIB's liability in specific cases.

( 3 ) W  here the applicant has obtained a judgement in relevant proceedings in respect of the death, injury or damage which has not been satisfied in full by or on behalf of the identified person within the period of three months after the date on which the applicant became entitled to enforce it –

(a ) if that judgement is wholly unsatisfied within the three month period MIB shall make an award

equal to the unidentified person's liability;

(b ) if t he judgement is satisfied in part only within the three month period, MIB shall make an award

equal to –

(i ) t h e u nsatisfied part, if it does not exceed the unidentified person's liability, and

(i i ) t h e u nidentified person's liability, if the unsatisfied part exceeds the unidentified person's

liability.

(4 ) A judgment given in any relevant proceedings against an identified person shall be conclusive as to any issue determined in those proceedings which is relevant to the determination of MIB's liability under this Agreement.

(5 ) W  here the applicant has not obtained (or been required by MIB to obtain) a judgement in respect of the death, injury or damage against the identified person but has received an agreed payment from the identified person in respect of the death, bodily injury or damage to property, that payment shall be treated for the purposes of this Agreement as a full settlement of the applicant's claim and MIB shall be under no liability under this Agreement in respect thereof.

(6 ) W  here the applicant has not obtained (or been required by MIB to obtain) a judgement in respect of the death, injury or damage against the identified person nor received any payment by way of compensation in respect thereof from the identified person MIB shall make an award equal to the unidentified person's liability.

Appeals by identified persons

14. (1 ) T h is clause applies where an appeal against, or other proceeding to set aside, the original judgement is commenced within the three month period.

(2 ) If , as a result of the appeal or other proceeding –

(a ) th e applicant ceases to be entitled to receive any payment in respect of the death, bodily injury or

damage to property from any identified person, clause  13 shall apply as if he had neither obtained nor been required by MIB to obtain a judgement against that person;

(b ) th e applicant becomes entitled to recover an amount different from that which he was entitled to

recover under the original judgement the provisions of clause  13(3) shall apply, but as if for each of the references therein to the original judgement there were substituted a reference to the judgement in that appeal or other proceeding;

(c ) th e applicant remains entitled to enforce the original judgement the provisions of clause  13(3) shall

apply, but as if for each of the references therein to the three month period there were substituted a reference to the period of three months after the date on which the appeal or other proceeding was disposed of.

(3 ) W  here the judgement in the appeal or other proceeding is itself the subject of a further appeal or similar proceeding the provisions of this clause shall apply in relation to that further appeal or proceeding in the same manner as they apply in relation to the first appeal or proceeding.

(4 ) N o thing in this clause shall oblige MIB to make a payment to the applicant until the appeal or other proceeding has been determined.

Compensation recovered under Uninsured Drivers Agreements

15. ( 1 ) W  here, in a case to which clause  13 applies, judgement in the relevant proceedings is given against an identified person in circumstances which render MIB liable to satisfy that judgement under any of the Uninsured Drivers Agreements, MIB shall not be under any liability under this Agreement in respect of the event to which the relevant proceedings relate.

(2 ) In this clause "Uninsured Drivers Agreements" means –

(a ) th e Agreement dated 1st July 1990 made between the Defence Committee and MIB providing for

the compensation of victims of uninsured drivers;

(b ) th e 2000 Agreement; and

( c) a n y Agreement made between the Committee and MIB (or their respective successors) which

supersedes (whether immediately or otherwise) the 2000 Agreement.

NOTIFICATION OF DECISION AND PAYMENT OF AWARD

Notification of decision

16. M  IB shall give the applicant notice of a decision or determination under clause 7 in writing and when so doing shall provide him –

(a ) if the application is rejected because a preliminary investigation has disclosed that it is not one

made in a case to which this Agreement applies, with a statement to that effect;

(b ) if t he application has been fully investigated, with a statement setting out –

(i ) a l l th e evidence obtained during the investigation, and

(i i) M I B 's findings of fact from that evidence which are relevant to the decision;

(c ) if i t has decided to make an interim award on the basis of an interim report under clause  7(4), with

a copy of the report and a statement of the amount of the interim award;

(d ) if i t has decided to make a full report under clause  7(3) or a final report under clause  7(4)(b), with