“…his was because there was a policy in existence, in contrast to the facts of Farrell v Whitty (No 1) (Case-356/05) [2007] 2 CMLR 46and Farrell v Whitty (No 2) (Case C-413/15) [2018] QB 1179. It submits that this is supported by the observation of Advocate General Bot at [58] of his opinion that the reason why there was no claim aga…”
“…or compensation did not in any way diminish the core obligation of the State under Article 3, citing [39] of the judgment of the CJEU in Farrell v WhittyNo. 2 (Case C-413/15) [2018] QB 1179 (a case concerned with the status and obligations of the Motor Insurers’ Bureau of Ireland (“MIBI”), a materially identical organisation to the…”