Source: All England Reporter
Publisher Citation: [2012] All ER (D) 157 (Aug)
Neutral Citation: [2012] EWCA Civ 1166
Court: Court of Appeal, Civil Division

Maurice Kay VP, Etherton and Aikens LJJ

Representation Stephen Worthington QC and Fergus Randolph QC (instructed by Keoghs LLP) for the insurer in the first appeal.
  Stephen Grime QC and Conor Quigley QC (instructed by Potter Rees) for the claimant in the first appeal.
  Conor Quigley QC and William Waldron QC (instructed by Jerome Solicitors Ltd) for the claimant in the second appeal.
  Winston Hunt QC (instructed by Herzog & Associates, Liverpool) for the insurer in the second appeal.
  Brian Kennelly and Judith Ayling (instructed by the Treasury Solicitor) for the Secretary of State as Intervener.
Judgment Dates: 24 August 2012


Motor insurance - Compulsory insurance against third part risks - Persons driving with consent of insured - Claimants being insured under policies of motor insurance - Claimants allowing uninsured drivers to drive vehicles - Uninsured drivers causing accidents - Claimants injured in accidents and wishing to claim damages for personal injuries against insurers - Insurers seeking to avoid liability to claimants - Whether sums recoverable pursuant to legislative provisions - Whether recovery of sums amounting to breach of European legislation concerning motor insurance - Council Directive (EEC) 72/166 - Council Directive (EEC) 84/5 - Council Directive (EEC) 90/232 - Council Directive (EC) 2009/103 - .

The Case

Motor insurance Compulsory insurance against third part risks. The Court of Appeal, Civil Division, made a declaration on the correct construction of s151(8)(b) of the .

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.