Cameron v Hussain & Anor

Cameron v Hussain & Anor

The Court of Appeal (majority) held that, in appropriate cases, a claimant may bring proceedings and obtain judgment for damages against an unnamed defendant identified by description, and an insurer is liable under section 151 to satisfy such a judgment. The existence of an alternative remedy under the MIB Untraced Drivers Agreement does not preclude the exercise of the court's discretion to permit such proceedings, especially where the statutory policy is to protect victims and the insurer is identifiable.

Parties
Claimant/appellant: Bianca Cameron; First Defendant: Naveed Hussain; Second Defendant/respondent: Liverpool Victoria Insurance Co Ltd
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed (majority); permission granted to amend claim form to substitute unnamed defendant.
Legal Topics
Unnamed Defendants, Section 151 Road Traffic Act 1988, Motor Insurers' Bureau Untraced Drivers Agreement, Amendment of Claim Form, Judgments Against Unidentified Parties
Civil Procedure Insurance Law Motor Vehicle Law Unnamed Defendants Section 151 Road Traffic Act 1988 Motor Insurers' Bureau Untraced Drivers Agreement Amendment of Claim Form Judgments Against Unidentified Parties

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Parties

Bianca Cameron

Claimant/appellant

Naveed Hussain

First Defendant

Liverpool Victoria Insurance Co Ltd

Second Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Can a claimant obtain judgment for damages against a defendant identified only by description in a motor claim?
  2. 2 Is an insurer liable under section 151 of the Road Traffic Act 1988 to satisfy a judgment against an unnamed defendant?
  3. 3 Should permission be granted to amend the claim form to substitute an unnamed defendant for a named defendant?

Ratio Decidendi

The Court of Appeal (majority) held that, in appropriate cases, a claimant may bring proceedings and obtain judgment for damages against an unnamed defendant identified by description, and an insurer is liable under section 151 to satisfy such a judgment. The existence of an alternative remedy under the MIB Untraced Drivers Agreement does not preclude the exercise of the court's discretion to permit such proceedings, especially where the statutory policy is to protect victims and the insurer is identifiable.

Court Disposition

Appeal allowed (majority); permission granted to amend claim form to substitute unnamed defendant.

Orders

  • Appellant granted permission to amend claim form and particulars of claim to substitute, for the named first defendant, a defendant identified by description as 'The person unknown driving vehicle registration number Y598 SPS who collided with vehicle registration number KG03 ZIZ on 26 May 2013'.