McLeod v. Davidson & Anor [2007] ScotSC 23 (11 June 2007)

McLeod v. Davidson & Anor [2007] ScotSC 23 (11 June 2007)

The pursuer, by virtue of the circumstances (recent low-value purchase of the car, knowledge of the defender's character, and failure to inquire), ought to have known the vehicle was uninsured, and the journey was undertaken in furtherance of a crime (purchase of cannabis), thus excluding the Minuters' liability under the Uninsured Drivers Agreement.

Citation
[2007] ScotSC 23
Parties
Pursuer: Simon George McLeod; Defender: David Davidson; Minuters: Motor Insurers Bureau
Jurisdiction
Scotland
Judgment Date
11 June 2007
Procedural Posture
Civil Road Traffic Accident / Insurance Claim / Judgment After Proof (trial)
Outcome
Minuters (MIB) assoilzied (absolved) from liability; claim against MIB dismissed.
Legal Topics
Uninsured Drivers Agreement, Knowledge of Insurance Status, Furtherance of a Crime, Motor Vehicle Accident Liability
Insurance Law Tort Law Criminal Law Uninsured Drivers Agreement Knowledge of Insurance Status Furtherance of a Crime Motor Vehicle Accident Liability

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Parties

Simon George McLeod

Pursuer

David Davidson

Defender

Motor Insurers Bureau

Minuters

Procedural Posture

Civil Road Traffic Accident / Insurance Claim / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer knew or ought to have known the vehicle was uninsured under the Uninsured Drivers Agreement 1999 clause 6(1)(e)(ii)
  2. 2 Whether the vehicle was being used in the course or furtherance of a crime under clause 6(1)(e)(iii)

Ratio Decidendi

The pursuer, by virtue of the circumstances (recent low-value purchase of the car, knowledge of the defender's character, and failure to inquire), ought to have known the vehicle was uninsured, and the journey was undertaken in furtherance of a crime (purchase of cannabis), thus excluding the Minuters' liability under the Uninsured Drivers Agreement.

Court Disposition

Minuters (MIB) assoilzied (absolved) from liability; claim against MIB dismissed.

Orders

  • Minuters assoilzied from the craves of the Initial Writ.
  • All questions of expenses reserved for further hearing.