Taxi Driver Online

UK cab trade debate and advice
It is currently Mon Aug 19, 2019 9:58 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 2 posts ] 
Author Message
 Post subject: You may find
PostPosted: Sun Jun 22, 2014 12:36 pm 
Offline
User avatar

Joined: Sun Dec 21, 2008 12:06 pm
Posts: 1310
Location: Bolton(best town around)
Between:
Sean Robert Delaney

Claimant

- and -



The Secretary of State for Transport

Defendant


you may find this case intresting but its to big to put the full verson

_________________
C. Oakes


The Hackney Association Ltd
bbha@btinternet.com


Top
 Profile  
 
 Post subject: Re: You may find
PostPosted: Sun Jun 22, 2014 6:49 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 36925
Location: Wayneistan
Motor Insurers' Bureau - Damages - Sean Robert Delaney v The Secretary of State for Transport EWHC 1785 (QB)


High Court, Queen's Bench Division

Mr Justice Jay

3 June 2014

Summary

The exception clause 6(1)(e)(iii) of the Uninsured Driver’s agreement 1999, which excluded the MIB’s liability to passengers involved in 'criminal acts' was in breach of the UK’s obligations under EU Directives. The breach was sufficiently serious for the claimant to be entitled to Francovich damages.

Detail

On 25 November 2006, the claimant who was the front seat passenger of a vehicle driven by Shane Pickett suffered severe injuries in a road traffic accident due to the negligence of Mr Pickett. The claimant and Mr Pickett were both found in possession of cannabis. The claimant brought a claim against the driver’s insurers, Tradewise Insurance Services Ltd (“Tradewise”) who sought to avoid the policy pursuant to section 152(2) of the RTA 1988 Act on the grounds of non disclosure of material facts and misrepresentation. The claim effectively became an uninsured case to be dealt with by the Motor Insurers’ Bureau (“MIB”). Tradewise standing in the place of the MIB became the Article 75 insurers liable to meet the claim. However, when court proceedings were commenced against Mr Pickett and Tradewise, both claims were dismissed. It was held that the claimant’s claim was barred on grounds of public policy and the claimant knew or ought to have known that the vehicle was being used in the course or furtherance of crime, and therefore clause 6(1)(e)(iii) of the Uninsured Driver’s Agreement 1999 was applicable. The claimant appealed and his claim was dismissed on the clause 6(1)(e)(iii) issue. The claimant made a further claim for damages arising as a result of the Defendant being in breach o Article 1(4) of EU Directive 84/85.It was averred that the breach was sufficiently serious to entitle the claimant to Francovich damages under Community law principles.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 2 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group