CARPENTER AND OTHERS v. EBBLEWHITE AND OTHERS.

(1938) 62 Ll L Rep 1

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice MacKinnon.

Motor insurance - Practice - Accident - Personal injuries suffered by plaintiffs in collision with car driven by B-Claim by plaintiffs against B and E, it being alleged that B was driving car as servant or agent of E-E insured with U. Insurance Company-Insurance company joined as defendants-Statement of claim delivered claiming damages against B and E and a declaration that the insurance company were obliged to satisfy any judgment obtained against either B or E- Application by insurance company that statement of claim, in so far as it related to them, be struck out on ground that it was vexatious and would embarrass the fair trial of the action-Contention by insurance company that at time of accident car had been sold by E to B-Whether fact of insurance should be disclosed to jury-Decision of Master granting application upheld by learned Judge in Chambers-Appeal by plaintiffs-Road Traffic Act, 1934, Sect. 10-R.S.C., Order 19, r. 27.