Churchill Insurance Company Ltd v Wilkinson; Evans v Equity Claims Ltd [2012] EWCA Civ 1166, [2012] All ER (D) 157 (Aug)
Court of Appeal, Civil Division, Maurice Kay VP, Etherton and Aikens LJJ, 24 August 2012
The Court of Appeal, Civil Division, has made a declaration on the correct construction of s 151(8)(b) of the Road Traffic Act 1988.
Stephen Worthington QC and Fergus Randolph QC (instructed by Keoghs LLP) for the insurer in the first appeal. Stephen Grime QC and Conor Quigley QC (instructed by Potter Rees) for the claimant in the first appeal. Conor Quigley QC and William Waldron QC (instructed by Jerome Solicitors Ltd) for the claimant in the second appeal. Winston Hunt QC (instructed by Herzog & Associates, Liverpool) for the insurer in the second appeal. Brian Kennelly and Judith Ayling (instructed by the Treasury Solicitor) for the Secretary of State as Intervener.
Under s 151(8) of the Road Traffic Act 1988, an insurer who had become liable
