Colley V Shuker & Ors [2019] EWHC 781 (QB) (28 March 2019)

Colley V Shuker & Ors [2019] EWHC 781 (QB) (28 March 2019)

The claim against the Second Defendant was struck out because section 152(2) of the Road Traffic Act 1988 provides a complete statutory defence to the insurer, and any incompatibility with EU law cannot be resolved by interpretation or disapplication in a dispute between private parties. The court found that the Claimant had no standing to set aside the declaration of avoidance, and the insurer's defence was complete. Service of the claim form on the First Defendant was effective, and the extension of time was properly granted. The Claimant was permitted to join the Secretary of State for Transport and amend the Particulars of Claim, except as against the Second Defendant.

Citation
[2019] EWHC 781 (QB)
Parties
Claimant: Daniel James Colley; First Defendant: Dylan Shuker; Second Defendant: UK Insurance Limited; Third Defendant: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
28 March 2019
Procedural Posture
Civil Personal Injury / Interlocutory Applications (strike Out, Summary Judgment, Extension of Time, Joinder)
Outcome
Second Defendant's application to strike out and for summary judgment granted; claim against Second Defendant dismissed. Third Defendant's application to set aside extension of time dismissed. Claimant permitted to join Secretary of State for Transport and amend Particulars of Claim (except as against Second...
Legal Topics
Motor Insurance Liability, Third Party Rights, Interpretation of Domestic Law in Light of EU Directives, Service of Claim Form, Extension of Time, Joinder of Parties
Insurance Law Personal Injury Civil Procedure European Union Law Motor Insurance Liability Third Party Rights Interpretation of Domestic Law in Light of EU Directives Service of Claim Form +2 more

Case Brief

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Parties

Daniel James Colley

Claimant

Dylan Shuker

First Defendant

UK Insurance Limited

Second Defendant

Motor Insurers' Bureau

Third Defendant

Procedural Posture

Civil Personal Injury / Interlocutory Applications (strike Out, Summary Judgment, Extension of Time, Joinder)

Legal Issues

  1. 1 Whether the claim against the Second Defendant (insurer) should be struck out due to a statutory defence under section 152(2) of the Road Traffic Act 1988
  2. 2 Whether section 152(2) of the Road Traffic Act 1988 is incompatible with Directive 2009/103/EC and EU law
  3. 3 Whether the court can interpret or disapply section 152(2) to conform with EU law

Ratio Decidendi

The claim against the Second Defendant was struck out because section 152(2) of the Road Traffic Act 1988 provides a complete statutory defence to the insurer, and any incompatibility with EU law cannot be resolved by interpretation or disapplication in a dispute between private parties. The court found that the Claimant had no standing to set aside the declaration of avoidance, and the insurer's defence was complete. Service of the claim form on the First Defendant was effective, and the extension of time was properly granted. The Claimant was permitted to join the Secretary of State for Transport and amend the Particulars of Claim, except as against the Second Defendant.

Court Disposition

Second Defendant's application to strike out and for summary judgment granted; claim against Second Defendant dismissed. Third Defendant's application to set aside extension of time dismissed. Claimant permitted to join Secretary of State for Transport and amend Particulars of Claim (except as against Second...

Orders

  • The pleaded case against the Second Defendant is struck out and summary judgment is given for the Second Defendant.
  • The Third Defendant's application to set aside the order extending time for service of the claim form on the First Defendant is dismissed.