Miller v Hales & Ors [2006] EWHC 1529 (QB) (06 July 2006)

Miller v Hales & Ors [2006] EWHC 1529 (QB) (06 July 2006)

Section 145(4)(a) of the Road Traffic Act 1988 does not exclude police constables from compulsory insurance cover as they are not employees; therefore, the insurer is liable under section 151 to satisfy the judgment against the first defendant.

Citation
[2006] EWHC 1529
Parties
Claimant: Guy Miller; First Defendant: Ricky Hales; Second Defendant: QBE International Insurance Ltd trading as Ensign Motor Policies at Lloyds; Third Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
06 July 2006
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaration granted in favour of the claimant.
Legal Topics
Motor Insurance Liability, Police Officer Status Under Employment Law, Interpretation of Road Traffic Act 1988, Third Party Insurance Coverage, Statutory Construction
Insurance Law Personal Injury Law Employment Law Motor Insurance Liability Police Officer Status Under Employment Law Interpretation of Road Traffic Act 1988 Third Party Insurance Coverage Statutory Construction

Case Brief

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Parties

Guy Miller

Claimant

Ricky Hales

First Defendant

QBE International Insurance Ltd trading as Ensign Motor Policies at Lloyds

Second Defendant

The Motor Insurers Bureau

Third Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether a police constable is excluded from insurance cover as an 'employee' under section 145(4)(a) of the Road Traffic Act 1988
  2. 2 Whether section 145(4A) applies to the claimant's circumstances
  3. 3 Whether the insurer is liable under section 151 of the Road Traffic Act 1988

Ratio Decidendi

Section 145(4)(a) of the Road Traffic Act 1988 does not exclude police constables from compulsory insurance cover as they are not employees; therefore, the insurer is liable under section 151 to satisfy the judgment against the first defendant.

Court Disposition

Declaration granted in favour of the claimant.

Orders

  • The second defendant insurer is obliged to pay whatever the first defendant is bound to pay under the judgment entered against him.