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RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law. Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that … Continue reading RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998

Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998

Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998

Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, … Continue reading Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998

Coe, Regina v: CACD 14 Jul 2009

The defendant appealed against his conviction for causing death by dangerous driving and failing to provide a specimen of breath. Citations: [2009] EWCA Crim 1452 Links: Bailii Statutes: Road Traffic Act 1988 3A(1) Jurisdiction: England and Wales Crime, Road Traffic Updated: 26 August 2022; Ref: scu.347706

McMminn v McMinn and Another: QBD 11 Apr 2006

The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 2006

Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998

The court considered the arrangement for interim payments of damages awards where the claim was to be made through the Bureau. The agreement between the Bureau and the insurer members predated and did not allow for such payments. Held: The MIB, seeking clarification, had made no interim payment. They could have made a substantial part … Continue reading Sharp By her Next Friend Sharp v Pereira and Motor Insurers’ Bureau: CA 24 Jun 1998

Churchill Insurance v Charlton: CA 2 Feb 2001

The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay. Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the principal that a man should not benefit from his own wrongful act. The victim … Continue reading Churchill Insurance v Charlton: CA 2 Feb 2001

Lewis v Tindale and Others: QBD 14 Sep 2018

The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road. Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not … Continue reading Lewis v Tindale and Others: QBD 14 Sep 2018

R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019

The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019