header-logo header-logo

Third time lucky?

13 January 2017 / Nicholas Bevan
Issue: 7729 / Categories: Features , Insurance / reinsurance
printer mail-detail
nlj_7729_bevan

Nicholas Bevan calls into question a recent Court of Appeal ruling on the liability of a motor insurer to compensate a third party victim of an unauthorised driver

  • Unanimous but erroneous Court of Appeal ruling that a motor insurer not liable to compensate a third party victim of an unauthorised driver.
  • Court of Appeal fails to apply an EU law consistent construction of the Road Traffic Act 1988 for the third time in five years.
  • Guidance from the Supreme Court needed.

In Sahin v Havard v Riverstone Insurance (UK) Ltd [2016] EWCA Civ 1202, [2016] All ER (D) 21 (Dec) it fell to the Court of Appeal to decide whether the motor insurers on risk for a hire vehicle were liable to satisfy an outstanding judgment against a customer. The Court of Appeal decided, unanimously but in the author’s view erroneously, that the insurer was not liable.

On 24 January 2008 Mr Sahin’s Chrysler minicab was damaged in a road accident. He incurred extensive hire charges and repair costs. The vehicle responsible

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
back-to-top-scroll