Farah v Abdullahi & Ors [2018] EWHC 738 (QB) (20 April 2018)

Farah v Abdullahi & Ors [2018] EWHC 738 (QB) (20 April 2018)

The claimant is entitled to proceed against the unnamed third defendant because the claim is capable of conferring a real benefit, either by challenging the policy avoidance or via the MIB Uninsured Drivers Agreement, and the right to proceed should not depend on the section 151 liability being incontrovertibly established. Permission to issue against an unnamed defendant is not required, and service on the insurer is valid. Innocent non-disclosure did not justify setting aside the order.

Citation
[2018] EWHC 738
Parties
Claimant: Idris Farah (by his Litigation Friend Fatuma Mohamad); First Defendant: Ahmed Abdullahi; Second Defendant: Probus Insurance Company Europe DAC; Third Defendant: The person unknown driving vehicle registration number V168DLU who collided with the claimant on 6 September 2014; Fourth Defendant: EUI Limited; Fifth Defendant: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Civil (personal Injury, Road Traffic Accident) / Interlocutory Application to Set Aside Order Permitting Service on Unnamed Defendant
Outcome
Application to set aside Master Eastman's order dismissed.
Legal Topics
Service of Proceedings on Unnamed Defendants, Section 151 and 152 Road Traffic Act 1988, Compatibility With EU Motor Insurance Directives, Alternative Service Under CPR R 6.15, Material Non Disclosure in Without Notice Applications
Civil Procedure Insurance Law Personal Injury Service of Proceedings on Unnamed Defendants Section 151 and 152 Road Traffic Act 1988 Compatibility With EU Motor Insurance Directives Alternative Service Under CPR R 6.15 Material Non Disclosure in Without Notice Applications

Case Brief

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Parties

Idris Farah (by his Litigation Friend Fatuma Mohamad)

Claimant

Ahmed Abdullahi

First Defendant

Probus Insurance Company Europe DAC

Second Defendant

The person unknown driving vehicle registration number V168DLU who collided with the claimant on 6 September 2014

Third Defendant

EUI Limited

Fourth Defendant

Motor Insurers' Bureau

Fifth Defendant

Procedural Posture

Civil (personal Injury, Road Traffic Accident) / Interlocutory Application to Set Aside Order Permitting Service on Unnamed Defendant

Legal Issues

  1. 1 Whether a claim can proceed against an unnamed defendant where the insurer has avoided the policy ab initio
  2. 2 Whether permission is required to issue proceedings against an unnamed defendant
  3. 3 Whether service on the insurer as alternative service on the unnamed defendant is valid

Ratio Decidendi

The claimant is entitled to proceed against the unnamed third defendant because the claim is capable of conferring a real benefit, either by challenging the policy avoidance or via the MIB Uninsured Drivers Agreement, and the right to proceed should not depend on the section 151 liability being incontrovertibly established. Permission to issue against an unnamed defendant is not required, and service on the insurer is valid. Innocent non-disclosure did not justify setting aside the order.

Court Disposition

Application to set aside Master Eastman's order dismissed.

Orders

  • Claimant permitted to proceed against the unnamed third defendant.
  • Service on the unnamed third defendant via the fourth defendant's solicitors upheld.