GROCUTT v KHAN [2002] EWCA Civ 1945

[2003] Lloyd's Rep IR 464

COURT OF APPEAL

Before Lord Phillips MR and Lord Justice Sedley

Insurance (motor) - Agreement to take out policy - Accident occurring abroad - Policy lost by defendant - Claimant unable to recover costs of defending proceedings of negligence action brought by third party - Whether binding contract to insure - Whether defendant under duty to retain policy - Bailment - Whether defendant in breach of duty - Measure of damages - Whether policy would have extended to costs.