EU legal interpretation allows injured drug dealer the right to claim punitive damages from UK taxpayers
An EU directive has allowed a drug dealer the right to claim compensation for injury from the UK taxpayers. Sean Delaney was injured in a car crash while transporting large quantities of cannabis with the intention to sell. Delaney took his claim for compensation to the High Court, after it was found the Government was in ‘serious breach’ of European Community motor insurance laws.
The 40-year-old drug dealer collided with a people-carrier near Nuneaton while out in a friend’s Mercedes Benz sports car. The collision forced the Merc into a tree. As a result, Delaney suffered severe brain damage and will require a carer for the rest of his life.
When he was pulled free from the Merc, a brick of weed fell from his jacket. The cannabis block was said to be about the size of a football and clearly intended for sale.
Delaney’s initial insurance claim failed, but his lawyers went after the Department of Transport after identifying a loophole, which the DoT had failed to close. An oversight to not implement an EU directive for compensation for victims of uninsured drivers means Delaney can now claim millions from the taxpayer.
Mr Justice Jay acknowledged that the situation would undoubtedly draw criticism from the public, after ruling that Delaney was entitled to ‘substantial’ damages. Justice Jay commented that there was no public policy to protect against claims from victims who were breaking the law at the time of injury.