Stych v Dibble & Anor [2012] EWHC 1606 (QB) (14 June 2012)

Stych v Dibble & Anor [2012] EWHC 1606 (QB) (14 June 2012)

Tradex Insurance failed to prove on the balance of probabilities that Ian Stych had actual or blind eye knowledge that the Range Rover was unlawfully taken without permission; therefore, Anthony Dibble's liability to Ian Stych is not an excluded liability under s.151(4) Road Traffic Act 1988, and Tradex Insurance is liable to satisfy the judgment obtained by Ian Stych against Anthony Dibble.

Citation
[2012] EWHC 1606
Parties
Claimant: Ian Stych; Defendant: Anthony Malcom Dibble; Defendant: Tradex Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2012
Procedural Posture
Personal Injury / Insurance Claim / High Court Judgment on Preliminary Issue
Outcome
Judgment for claimant; Tradex Insurance liable to satisfy judgment against Anthony Dibble.
Legal Topics
Motor Vehicle Insurance, Excluded Liability, Interpretation of Road Traffic Act 1988 S.151, Implementation of EU Directives, Burden of Proof
Insurance Law Personal Injury European Union Law Motor Vehicle Insurance Excluded Liability Interpretation of Road Traffic Act 1988 S.151 Implementation of EU Directives Burden of Proof

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Parties

Ian Stych

Claimant

Anthony Malcom Dibble

Defendant

Tradex Insurance Company Limited

Defendant

Procedural Posture

Personal Injury / Insurance Claim / High Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Tradex Insurance is liable to satisfy judgment against Anthony Dibble under s.151(2)(b) Road Traffic Act 1988
  2. 2 Whether Ian Stych's claim is an 'excluded liability' under s.151(4)
  3. 3 Interpretation of 'knew or had reason to believe' and 'stolen or unlawfully taken' in s.151(4)

Ratio Decidendi

Tradex Insurance failed to prove on the balance of probabilities that Ian Stych had actual or blind eye knowledge that the Range Rover was unlawfully taken without permission; therefore, Anthony Dibble's liability to Ian Stych is not an excluded liability under s.151(4) Road Traffic Act 1988, and Tradex Insurance is liable to satisfy the judgment obtained by Ian Stych against Anthony Dibble.

Court Disposition

Judgment for claimant; Tradex Insurance liable to satisfy judgment against Anthony Dibble.

Orders

  • Tradex Insurance Company Limited is liable to pay Ian Stych any sums payable under the judgment obtained against Anthony Dibble.
  • Declaration that Anthony Dibble's liability to Ian Stych is not an excluded liability under s.151(4) Road Traffic Act 1988.