Motor Insurer’s Bureau v Moreno 3/8/16 (SC)

The applicable law for the assessment of damages for a UK resident injured in a road traffic accident in another Member State by an uninsured driver should be assessed by reference to the law of that state, not by reference to English law. The regime under the Directives giving rise to the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 provided for issues to be determined by reference to the law of the place of the accident and post Rome II there was no distinction between heads of loss and the assessment of those losses.