UK Insurance Ltd v R&S Pilling (t/a Phoenix Engineering) [2017] EWCA Civ 259 (12 April 2017)

UK Insurance Ltd v R&S Pilling (t/a Phoenix Engineering) [2017] EWCA Civ 259 (12 April 2017)

Repairing a car to restore its roadworthiness, where the repair is necessary for its continued lawful and safe use, constitutes 'use' of the vehicle within section 145(3)(a) RTA 1988 and the Directive. The insurance policy, read with the statutory requirements and the certificate, extends to cover liability for accidents arising during such repairs, including on private premises. The appeal is allowed and the insurer is liable to indemnify the insured for the loss and damage caused by the fire during repair.

Citation
[2017] EWCA Civ 259
Parties
Claimant/respondent: UK Insurance Limited; Second Defendant/appellant: R&S Pilling t/a Phoenix Engineering
Jurisdiction
England and Wales
Judgment Date
12 April 2017
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Interpretation of Insurance Policy, Scope of Compulsory Motor Insurance, Meaning of 'use' of a Vehicle, Third Party Liability, Directive 2009/103/ec, Section 145 Road Traffic Act 1988
Insurance Law Motor Vehicle Law European Union Law Interpretation of Insurance Policy Scope of Compulsory Motor Insurance Meaning of 'use' of a Vehicle Third Party Liability Directive 2009/103/ec +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

UK Insurance Limited

Claimant/respondent

R&S Pilling t/a Phoenix Engineering

Second Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does the Churchill motor insurance policy cover liability for property damage caused by fire during repair work to an immobilised car?
  2. 2 Does 'use' of a vehicle under section 145(3)(a) RTA 1988 and the Directive include repair work?
  3. 3 Should the insurance policy be interpreted as extending to all matters required by section 145(3) RTA 1988 and the Directive?

Ratio Decidendi

Repairing a car to restore its roadworthiness, where the repair is necessary for its continued lawful and safe use, constitutes 'use' of the vehicle within section 145(3)(a) RTA 1988 and the Directive. The insurance policy, read with the statutory requirements and the certificate, extends to cover liability for accidents arising during such repairs, including on private premises. The appeal is allowed and the insurer is liable to indemnify the insured for the loss and damage caused by the fire during repair.

Court Disposition

Appeal allowed

Orders

  • Declaration that UK Insurance Limited is liable to indemnify Mr Holden in respect of liability arising from the fire during repair work on 12 June 2010.