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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll