Source: All England Reporter
Publisher Citation: [2006] All ER (D) 166 (Apr)
Neutral Citation: [2006] EWHC 827 (QB)
Court: Queen's Bench Division

Keith J

Representation Nicholas Braslavsky QC and Harold Halliday (instructed by Farnworth and Watson) for the claimant.
  Adrian Palmer QC (instructed by Berrymans Lace Mawer) for the second defendant.
Judgment Dates: 11 April 2006


Motor insurance - Rights of third parties against insurers - Using vehicle or causing or permitting vehicle to be used on road without policy being in force - Vehicle driven by unlicensed driver - Passenger suffering serious injury in road traffic accident and alleging negligence of driver - Insurers repudiating liability to indemnify driver for damages against passenger - Whether insurers entitled to repudiate liability - Whether driver's liability to passenger 'excluded liability' - , ss 151(2)(b), 151(4).

The Case

On the declaration of a preliminary issue, the court declared that the first defendant's liability for the claimant's injuries was an excluded liability within the meaning of s151(4) of the and that the insurers would not be required to indemnify the first defendant in respect of any judgment obtained against him by the claimant.

Practice Areas

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