References: [2010] Lloyds Rep IR 591, [2010] EWCA Civ 556
Links: Bailii
Coram: Neuberger MR L, Waller LJ, Wall LJ
Ratio: The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were heard from differing answers at first instance. The injured passengers argued that Article 13(1)(a) of the Directive is concerned to prevent insurers excluding from insurance vehicles being driven by persons unauthorised by the insurers.
Held: The Directive provided that members states could allow certain exclusions. The court referred to the ECJ the question of whether section 151(8) complied with the Directive.
Statutes: Road Traffic Act 1988 151(4), Council Directive 2009/103/EC
Jurisdiction: England and Wales
This case cites:
- Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ ((1992) 1 CMLR 305, C-106/89, [1990] ECR I-4135, Bailii, [1990] EUECJ C-106/89, [1990] 1 ECR 3313)
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . . - Cited – Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore CA (Bailii, [2004] EWCA Civ 766, Times 06-Aug-04, [2004] 3 All ER 741, [2004] 1 WLR 2350)
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident. - Cited – Angelidaki and Others v Organismos Nomarkhiaki Aftodiikisi Rethimnis ECJ (Bailii, [2009] EUECJ C-378/07, Bailii, [2009] EUECJ C-379/07, Bailii, [2009] EUECJ C-380/07, [2009] 3 CMLR 15)
ECJ (Social Policy) Directive 1999/70/EC Clauses 5 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Successive . . - Cited – Francovich, Bonifaci and others v Italy ECJ ((1993) CMLR 66, C-6/90, [1991] ECR I-5357, [1992] IRLR 84, Bailii, [1991] EUECJ C-6/90, [1995] ICR 722)
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . . - Cited – Criminal proceedings against Ruiz Bernaldez ECJ (Times 06-May-96, C-129/94, Bailii, [1996] EUECJ C-129/94, [1996] I ECR 1829)
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to . . - Cited – Candolin Ea (Approximation Of Laws) ECJ (C-537/03, Bailii, [2005] EUECJ C-537/03)
Compulsory motor vehicle insurance – Directives 84/5/EEC and 90/232/EEC – Rules on civil liability – Passenger’s contribution to the loss or injury – Refusal or limitation of the right to compensation.
The drunken owner of a car allowed an . . - Cited – Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA ECJ (C-348/98, Bailii, [2000] EUECJ C-348/98, [2000] ECR 1-6711)
Europa Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family . .
(This list may be incomplete)
This case is cited by:
- Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD (Bailii, [2011] EWHC 2892 (Ch))
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
(This list may be incomplete)
Last Update: 11 March 2017
Ref: 415925
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