“…aw. An EU citizen can rely on the general principle of equivalence: for a domestic example, see Byrne v Motor Insurers’ Bureau and Another [2008] EWCA Civ 574; [2009] QB 66. There Flaux J found (and the Court of Appeal agreed) that the aim of the relevant EU Directive would not be adequately achieved unless the victim of an uninsu…”
“…ate. He noted that, on existing domestic authority, the MIB was not an emanation of the State by reference to my judgment in Byrne v MIB [2007] EWHC 1268 (QB); [2009] QB 66, following what I regarded as the persuasive reasoning to that effect of…”