Bretton v Hancock

Bretton v Hancock

The Monk v. Warbey claim does not extend to pure economic loss for a joint tortfeasor; it is limited to third party loss as defined by statute. Miss Bretton owed a statutory duty to insure her use of the Rover, but that duty was not owed to Mr Hancock in respect of his claim for contribution. Judgment should be entered for Miss Bretton against Mr Hancock for damages to be assessed.

Parties
Appellant/claimant: Helen Bretton; Respondent/defendant: John Hancock
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed, cross-appeal dismissed.
Legal Topics
Breach of Statutory Duty, Compulsory Motor Insurance, Monk V. Warbey Claim, Contribution Between Tortfeasors, Economic Loss, Personal Injury
Tort Law Statutory Interpretation Insurance Law Breach of Statutory Duty Compulsory Motor Insurance Monk V. Warbey Claim Contribution Between Tortfeasors Economic Loss +1 more

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Parties

Helen Bretton

Appellant/claimant

John Hancock

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Monk v. Warbey claim extends to pure economic loss for a joint tortfeasor
  2. 2 Whether Miss Bretton was a 'user' of the Rover and owed a statutory duty under section 143(1)(a) of the Road Traffic Act 1988
  3. 3 Whether Mr Bryant-Powell's driving contributed to the accident and Miss Bretton's injuries

Ratio Decidendi

The Monk v. Warbey claim does not extend to pure economic loss for a joint tortfeasor; it is limited to third party loss as defined by statute. Miss Bretton owed a statutory duty to insure her use of the Rover, but that duty was not owed to Mr Hancock in respect of his claim for contribution. Judgment should be entered for Miss Bretton against Mr Hancock for damages to be assessed.

Court Disposition

Appeal allowed, cross-appeal dismissed.

Orders

  • Judgment entered for Miss Bretton against Mr Hancock for damages to be assessed.
  • No judgment for Mr Hancock on his counterclaim for economic loss.