Bretton v Hancock [2005] EWCA Civ 404 (13 April 2005)

Bretton v Hancock [2005] EWCA Civ 404 (13 April 2005)

The Monk v. Warbey principle does not extend to allow a joint tortfeasor to recover pure economic loss for inability to obtain contribution from an uninsured co-tortfeasor; the statutory duty to insure is to protect third party victims, not co-tortfeasors seeking contribution.

Citation
[2005] EWCA Civ 404
Parties
Appellant/claimant: Helen Bretton; Respondent/defendant: John Hancock
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Breach of Statutory Duty, Motor Insurance, Contribution Between Tortfeasors, Personal Injury, Economic Loss
Tort Law Insurance Law Statutory Interpretation Breach of Statutory Duty Motor Insurance Contribution Between Tortfeasors Personal Injury Economic Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Helen Bretton

Appellant/claimant

John Hancock

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Monk v. Warbey principle extends to allow a joint tortfeasor to recover pure economic loss for inability to obtain contribution from an uninsured co-tortfeasor
  2. 2 Whether Miss Bretton was a 'user' of the vehicle under the Road Traffic Act 1988
  3. 3 Whether Mr Bryant-Powell's driving contributed to the accident and claimant's injuries

Ratio Decidendi

The Monk v. Warbey principle does not extend to allow a joint tortfeasor to recover pure economic loss for inability to obtain contribution from an uninsured co-tortfeasor; the statutory duty to insure is to protect third party victims, not co-tortfeasors seeking contribution.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Judgment for Miss Bretton against Mr Hancock for damages to be assessed
  • Mr Hancock's counterclaim dismissed