Cameron v Hussain & Anor [2017] EWCA Civ 366 (23 May 2017)

Cameron v Hussain & Anor [2017] EWCA Civ 366 (23 May 2017)

The court can and should, in accordance with principle and the overriding objective, permit amendment of the claim form to substitute an unnamed defendant identified by description, enabling a judgment to be obtained against such a defendant, which an identified insurer is required to satisfy under section 151 of the Road Traffic Act 1988. The CPR does not preclude such claims, and the existence of an alternative remedy under the MIB Untraced Drivers' Agreement does not bar the exercise of discretion to allow the claim to proceed against an unnamed defendant.

Citation
[2017] EWCA Civ 366
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 on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Unnamed Defendants, Section 151 Road Traffic Act 1988, Motor Insurance Liability, Amendment of Claim Forms, Untraced Drivers, Remedies Against Insurers
Civil Procedure Insurance Law Motor Vehicle Law Unnamed Defendants Section 151 Road Traffic Act 1988 Motor Insurance Liability Amendment of Claim Forms Untraced Drivers +1 more

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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 on Appeal From County Court

Legal Issues

  1. 1 Whether a judgment for damages can be obtained against an unnamed defendant in a motor claim where the driver is untraced but the vehicle and insurer are identified
  2. 2 Whether an insurer is liable under section 151 of the Road Traffic Act 1988 to satisfy a judgment against such an unnamed defendant
  3. 3 Whether the court should permit amendment of the claim form to substitute an unnamed defendant identified by description

Ratio Decidendi

The court can and should, in accordance with principle and the overriding objective, permit amendment of the claim form to substitute an unnamed defendant identified by description, enabling a judgment to be obtained against such a defendant, which an identified insurer is required to satisfy under section 151 of the Road Traffic Act 1988. The CPR does not preclude such claims, and the existence of an alternative remedy under the MIB Untraced Drivers' Agreement does not bar the exercise of discretion to allow the claim to proceed against an unnamed defendant.

Court Disposition

Appeal allowed

Orders

  • Permission granted to amend the claim form and particulars of claim to substitute an unnamed defendant identified by description
  • Case remitted for further proceedings consistent with this judgment