Whyatt & Ors v Powell & Anor [2017] EWHC 484 (QB) (17 March 2017)

Whyatt & Ors v Powell & Anor [2017] EWHC 484 (QB) (17 March 2017)

The judge's findings that the claimants ought to have known the vehicle was uninsured were not supported by sufficient evidence, particularly as to their knowledge of the driver's convictions. The legal standard requires more than carelessness or negligence; there must be actual knowledge or deliberate avoidance. The trial judge failed to properly apply this standard and to address the evidence of each claimant's state of mind. The costs order must also be set aside as the underlying finding is overturned.

Citation
[2017] EWHC 484
Parties
Claimant/appellant: Jamie Whyatt; Claimant/appellant: Gary Rees; Claimant/appellant: Arron Rees; Defendant/respondent: Anthony Powell; Defendant/respondent: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Appeal / Judgment on Appeal From County Court Preliminary Issue Determination
Outcome
Appeal allowed
Legal Topics
Motor Insurance Liability, Exceptions to MIB Liability, Interpretation of 'knew or Ought to Have Known', Qualified One Way Costs Shifting (qocs), Fundamental Dishonesty in Personal Injury Claims
Insurance Law Personal Injury Civil Procedure Motor Insurance Liability Exceptions to MIB Liability Interpretation of 'knew or Ought to Have Known' Qualified One Way Costs Shifting (qocs) Fundamental Dishonesty in Personal Injury Claims

Case Brief

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Parties

Jamie Whyatt

Claimant/appellant

Gary Rees

Claimant/appellant

Arron Rees

Claimant/appellant

Anthony Powell

Defendant/respondent

Motor Insurers' Bureau

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimants 'ought to have known' the vehicle was uninsured under clause 6(1)(e)(ii) of the MIB Agreement
  2. 2 Whether the trial judge's findings on knowledge were supported by evidence
  3. 3 Whether the costs order against the claimants was appropriate

Ratio Decidendi

The judge's findings that the claimants ought to have known the vehicle was uninsured were not supported by sufficient evidence, particularly as to their knowledge of the driver's convictions. The legal standard requires more than carelessness or negligence; there must be actual knowledge or deliberate avoidance. The trial judge failed to properly apply this standard and to address the evidence of each claimant's state of mind. The costs order must also be set aside as the underlying finding is overturned.

Court Disposition

Appeal allowed

Orders

  • The determination that each claimant ought to have known the vehicle was uninsured is set aside.
  • The issue is remitted to the county court for re-hearing and re-determination.