Claims by passengers

In Churchill Insurance Co Ltd v Wilkinson and Ors [2010] EWCA Civ 556 the Court of Appeal has referred to the European Court of Justice important questions as to the ability of a policyholder to enforce a judgment against an uninsured negligent driver where the policyholder had permitted the use of the vehicle. In so doing the Court of Appeal overturned the reasoning of the first instance decision of Blair J in favour of the policyholder. The only reasoned judgment was given by Waller LJ, but Lord Neuberger MR and Wall LJ agreed with his analysis.

The facts

The Court of Appeal was faced with a conjoined appeal from two more or less identical cases. In Churchill Insurance Co v Wilkinson the policyholder was insured against liability arising from the use of his vehicle. He allowed another person to drive the vehicle with himself as passenger, and was injured by the passenger’s negligent driving. The policyholder obtained a judgment against the driver. In Evans v Equity Claims Ltd the vehicle concerned was a motorcycle, but otherwise the facts were the same.