The claimant’s husband died in a road traffic accident. The other driver was not insured. The claimant began an action against the MIB, but failed first to give the necessary notice. She now appealed an order preventing her discontinuing the action so as to allow service of the necessary notice and re-issue out of time as an abuse of process.
Held: The aim of the requirement for notice was not to work as a form of limitation, but to prevent a party commencing an action and obtaining judgment by default.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Lord Justice Scott Baker and Lord Justice Leveson
Citations:
[2006] EWCA Civ 1662, Times 13-Dec-2006
Links:
Jurisdiction:
England and Wales
Road Traffic, Personal Injury, Litigation Practice, Limitation
Updated: 08 July 2022; Ref: scu.246804