CAMERON V HUSSAIN AND ANOTHER

[2017] EWCA Civ 366, Court of Appeal, Lady Justice Gloster, Lord Justice Lloyd Jones and Sir Ross Cranston, 23 May 2017

Insurance (motor) - Compulsory insurance - Driver of vehicle unidentified - Whether victim entitled to judgment against unidentified driver - Whether victim could enforce judgment against vehicle's insurers - Road Traffic Act 1988, sections 151 and 152 – Motor Insurers' Bureau Untraced Drivers Agreement

C's vehicle was involved in a collision with H's vehicle in May 2013. H was not driving the vehicle and he refused to cooperate with the police and provide information as to the identity of the driver. H’s vehicle was insured by LV, and although it appeared that the policy had been obtained by fraud LV took no steps to avoid the policy under section 152 of the Road Traffic Act 1988. C sought permission under the CPR to bring proceedings against the unidentified driver, so that any judgment could be enforced against LV under section 151 of the 1988 Act.