Campbell v BMW Insurance Company [2001] EWCA Civ 1660 (26 October 2001)

Campbell v BMW Insurance Company [2001] EWCA Civ 1660 (26 October 2001)

Permission to appeal was refused because the applicant sued the wrong party (the broker instead of the insurer), and there was no important point of principle or practice or other compelling reason to grant permission.

Citation
[2001] EWCA Civ 1660
Parties
Claimant/applicant: Malfonso Campbell; Defendant/respondent: BMW Insurance Company
Jurisdiction
England and Wales
Judgment Date
26 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
Permission to appeal refused
Legal Topics
Misjoinder of Parties, Insurance Premium Disputes, No Claims Bonus, Appeal Procedure
Insurance Law Civil Procedure Misjoinder of Parties Insurance Premium Disputes No Claims Bonus Appeal Procedure

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 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Malfonso Campbell

Claimant/applicant

BMW Insurance Company

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether the applicant sued the correct party for recovery of insurance premiums and damages
  2. 2 Whether there is an important point of principle or practice or other compelling reason to grant permission for a second tier appeal

Ratio Decidendi

Permission to appeal was refused because the applicant sued the wrong party (the broker instead of the insurer), and there was no important point of principle or practice or other compelling reason to grant permission.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused