Sahin v Havard & Anor [2016] EWCA Civ 1202 (30 November 2016)

Sahin v Havard & Anor [2016] EWCA Civ 1202 (30 November 2016)

Ms Havard's liability for permitting Mr X to drive without insurance is not a liability required to be covered by section 145 of the Road Traffic Act 1988, nor is it covered by the terms of the insurance policy. The insurer is not obliged to satisfy the judgment against Ms Havard.

Citation
[2016] EWCA Civ 1202
Parties
Appellant/claimant: Abdullah Sahin; First Defendant: Cassandra Havard; Respondent/second Defendant: Riverstone Insurance (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
30 November 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Third Party Liability, Motor Insurance Policy Coverage, Untraced Drivers, Directive Compliance
Insurance Law Motor Vehicle Law Civil Procedure Statutory Interpretation Third Party Liability Motor Insurance Policy Coverage Untraced Drivers Directive Compliance

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Parties

Abdullah Sahin

Appellant/claimant

Cassandra Havard

First Defendant

Riverstone Insurance (UK) Ltd

Respondent/second Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is Ms Havard's liability to Mr Sahin a liability required to be covered by insurance under section 145 of the Road Traffic Act 1988?
  2. 2 Is Ms Havard's liability in fact covered by the terms of the insurance policy?
  3. 3 Does EU Motor Insurance Directive require broader coverage than UK law provides?

Ratio Decidendi

Ms Havard's liability for permitting Mr X to drive without insurance is not a liability required to be covered by section 145 of the Road Traffic Act 1988, nor is it covered by the terms of the insurance policy. The insurer is not obliged to satisfy the judgment against Ms Havard.

Court Disposition

Appeal dismissed

Orders

  • The Appellant's appeal is dismissed.
  • The Respondent shall pay the Appellant's costs of the Respondent's application for security for costs of the appeal, as ordered by Clarke LJ on 9 November 2016, to be summarily assessed.