Service Motor Policies At Lloyds v City Recovery Ltd [1997] EWCA Civ 2073 (9 July 1997)
The right to recover an abandoned vehicle under section 101(4) is conditional upon payment of prescribed sums for removal and storage, regardless of the owner's innocence; the exemption in section 102 does not apply to section 101 recoveries.
- Citation
- [1997] EWCA Civ 2073
- Parties
- Plaintiff/respondent: Service Motor Policies at Lloyds; Defendant/appellant: City Recovery Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 09 July 1997
- Procedural Posture
- Civil Appeal / Appeal From County Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Lien Over Recovered Vehicles, Statutory Charges for Vehicle Removal and Storage, Interpretation of Road Traffic Regulation Act 1984
Case Brief
Summary, issues, holding and outcome
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Parties
Service Motor Policies at Lloyds
Plaintiff/respondent
City Recovery Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Legal Issues
- 1 Whether the defendants were entitled to retain possession of stolen and recovered vehicles until payment of prescribed removal and storage sums under section 101(4) of the Road Traffic Regulation Act 1984
- 2 Whether the exemption from charges for innocent owners under section 102 applies to section 101 recoveries
Ratio Decidendi
The right to recover an abandoned vehicle under section 101(4) is conditional upon payment of prescribed sums for removal and storage, regardless of the owner's innocence; the exemption in section 102 does not apply to section 101 recoveries.
Court Disposition
Appeal allowed
Orders
- Appeal allowed with costs
- No order as to costs below
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