Davenport v Corinthian Motor Policies [1991] ScotCS CSIH_3 (24 May 1991)

Davenport v Corinthian Motor Policies [1991] ScotCS CSIH_3 (24 May 1991)

A claim against an insurer under section 151 of the Road Traffic Act 1988, even if arising from a prior delictual judgment, is not a 'matter relating to tort, delict or quasi-delict' within the meaning of Article 5(3) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982. Therefore, Glasgow Sheriff Court does not have jurisdiction over the English-domiciled insurer in such proceedings.

Citation
[1991] ScotCS CSIH_3
Parties
Pursuer and Appellant: Mrs Davenport; Defenders and Respondents: Corinthian Motor Policies at Lloyds; Defendant in Original Action: James Saunders Dunlop
Jurisdiction
Scotland
Judgment Date
24 May 1991
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal's Decision
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Statutory Liability of Insurers, Interpretation of Civil Jurisdiction and Judgments Act 1982, Application of Road Traffic Act 1988, Delict/tort
Conflict of Laws Civil Procedure Insurance Law Jurisdiction Statutory Liability of Insurers Interpretation of Civil Jurisdiction and Judgments Act 1982 Application of Road Traffic Act 1988 Delict/tort

Case Brief

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Parties

Mrs Davenport

Pursuer and Appellant

Corinthian Motor Policies at Lloyds

Defenders and Respondents

James Saunders Dunlop

Defendant in Original Action

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal's Decision

Legal Issues

  1. 1 Whether Glasgow Sheriff Court has jurisdiction over the insurer under the Civil Jurisdiction and Judgments Act 1982, Schedule 4, Article 5(3)
  2. 2 Whether a statutory claim against an insurer under section 151 of the Road Traffic Act 1988 is a 'matter relating to tort, delict or quasi-delict'

Ratio Decidendi

A claim against an insurer under section 151 of the Road Traffic Act 1988, even if arising from a prior delictual judgment, is not a 'matter relating to tort, delict or quasi-delict' within the meaning of Article 5(3) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982. Therefore, Glasgow Sheriff Court does not have jurisdiction over the English-domiciled insurer in such proceedings.

Court Disposition

appeal dismissed

Orders

  • Appeal refused
  • Sheriff principal's judgment affirmed