Source: All England Reporter
Publisher Citation: [2016] All ER (D) 21 (Dec)
Neutral Citation: [2016] EWCA Civ 1202
Court: Court of Appeal, Civil Division
Judge:

Longmore, Kitchin and Floyd LJJ

Representation M Engelman and Robert Whittock (instructed by Lucas Law Ltd T/A Lucas & Co Solicitors) for the claimant.
  John McDonald (instructed by BLM) for the second defendant.
Judgment Dates: 30 November 2016

Catchwords

Motor insurance - Using vehicle or causing or permitting vehicle to be used on road without policy being in force - Claimant being hit by uninsured driver driving car belonging to car hire company - Claimant bringing action against owner of car hire company and obtaining judgment in default - Claimant seeking to join insurers to default judgment - Whether claimant entitled to bring claim against insurers - .

The Case

Motor insurance Using vehicle or causing or permitting vehicle to be used on road without policy being in force. The Court of Appeal Civil Division dismissed the claimant driver's appeal and held that the liability of someone who permitted another to use a vehicle without an insurance policy was not a liability which was itself required to be insured under of the Road Traffic Act 1988.

Practice Areas

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