TRAFALGAR INSURANCE COMPANY, LTD. v. MCGREGOR AND ANOTHER.

(1941) 71 Ll.L.Rep. 107

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Goddard and Mr. Justice Hallett.

Motor insurance-Practice-Interlocutories -Avoidance of policy-Policy issued by insurance company in respect of car belonging to M.-Accident resulting in injuries to third party (C.)-Action commenced by company claiming declaration that they were entitled to avoid policy on ground of misrepresentation or concealment by M.-C. added as defendant-Particulars of misrepresentation, etc., asked for by solicitors acting for C.-Order of Charles, J., upon motion by company for judgment in default of defence, that motion be adjourned until trial, defence of C. to be delivered within 10 days after delivery of particulars requested by solicitors acting for C.-Lapse of 18 months-No particulars given by company - Summons taken out by C. that action be dismissed because of non-compliance by company with order - Order of Lewis, J., reversing order of Master, that company had failed to comply with order of Charles, J., and that action should proceed upon terms that portions of statement of claim should be struck out, or alternatively that company should be precluded from giving evidence in support of certain parts of statement of claim-Appeal by company - Road Traffic Act, 1934, Sect. 10.