header-logo header-logo

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

Third time lucky?

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll