Sahin v Havard & Anor

Sahin v Havard & Anor

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; therefore, the insurer is not obliged to satisfy the judgment against Ms Havard under section 151.

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
Civil Appeal / Appeal Judgment and Order
Outcome
Appeal dismissed
Legal Topics
Third Party Motor Insurance, Statutory Interpretation, Liability for Permitting Uninsured Driving, Direct Insurer Liability, Motor Insurance Directives
Insurance Law Motor Vehicle Law Civil Procedure Third Party Motor Insurance Statutory Interpretation Liability for Permitting Uninsured Driving Direct Insurer Liability Motor Insurance Directives

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Parties

Abdullah Sahin

Appellant/claimant

Cassandra Havard

First Defendant

Riverstone Insurance (UK) Ltd

Respondent/second Defendant

Procedural Posture

Civil Appeal / Appeal Judgment and Order

Legal Issues

  1. 1 Whether Ms Havard’s liability to Mr Sahin was a liability required to be covered by insurance under section 145 of the Road Traffic Act 1988
  2. 2 Whether Ms Havard’s liability was in fact covered by the terms of the insurance policy

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; therefore, the insurer is not obliged to satisfy the judgment against Ms Havard under section 151.

Court Disposition

Appeal dismissed

Orders

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