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 within the institutional competence of the courts, and because it would necessarily impose retrospective criminal liability under section 143.

Mr Justice Soole
[2018] EWHC 2376 (QB), [2019] Lloyd’s Rep IR 324, [2019] PIQR P5, [2019] 1 All ER (Comm) 747, [2019] RTR 10, [2019] 3 CMLR 4, [2019] 1 All ER 870, [2019] 1 WLR 1785
Road Traffic Act 1988 143 145
England and Wales
Cited by:
CitedR 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 . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, European

Updated: 23 January 2022; Ref: scu.625532