The parties disputed liability for a road traffic accident in which both vehicles were damaged. The claimant paid an insurance excess of andpound;125. The two insurers agreed to accept a decision of the court on liability to allocate the repair costs, and the claimant brought an action to recover andpound;125. The district judge ordered the claimant to increase his claim to reflect the full amount of his loss and on refusal struck it out. The claimant appealed.
Held: Appeal allowed. The Civil Procedure Rules 1998 did not prevent a claimant limiting his claim; there was nothing objectionable in the practice of bringing subrogated claims in traffic cases, limited to the excess to use the small claims track, to get a decision on liability.
Judges:
Lord Justice Ward and Lord Justice Dyson
Citations:
[2003] EWCA Civ 358, Times 17-Apr-2003, Gazette 15-May-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.181148
