The claimant sought to recover damages following a road accident. The driver’s insurance was defective. The driver claimed under section 151, but proceedings were issued without formal notice of the issue of proceedings having been given to MIB. The claim proceeded for some time before objection was made.
Held: There was a clear distinction between notice of a claim, and a notice of proceedings. The notice need not be in any particular form, but must be an unconditional clear notice of the intention to commence formal proceedings. No sufficient notice had been given. The claimant alleged an estoppel against the defendant. The section is not a statutory defence, it is a condition precedent to liability, and accordingly no estoppel could arise.
Judges:
Lord Justice Kennedy, Lord Justice Laws, And Lord Justice Rix
Citations:
[2000] EWCA Civ 349
Links:
Statutes:
Road Traffic Act 1988 152(1)(a)
Jurisdiction:
England and Wales
Citing:
Cited – Herbert v Railway Passenger Assurance Company 1938
. .
Cited – Weldrick v Essex and Suffolk Equitable Insurance Society Ltd QBD 1950
Nine months before the writ was issued to make a claim against the insured under a motor policy, the plaintiff’s solicitors had written to the insurers: ‘We understand your Society has repudiated liability, and we shall be grateful to have your . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Insurance, Personal Injury
Updated: 31 May 2022; Ref: scu.147382
