(Birmingham County Court ) The court considered a request to exercise its discretion to allow a claim to proceed despite the writ having been issued outside the limitation period.
Held: The court accepted the distinction proposed for the defendant that as between the claimant’s solicitors’ professional indemnity insurers and the MIB the loss should fall on the former, who had received a premium, and not on the MIB, who had not.
Judges:
Judge McKenna
Citations:
Unreported, 17 February 2003
Cited by:
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Lists of cited by and citing cases may be incomplete.
Negligence, Limitation
Updated: 04 May 2022; Ref: scu.242526