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Supreme Court grants Cameron v Hussain and LV= appeal

News And Events22/12/2017

The Supreme Court has granted an appeal by LV= and Keoghs in the case of Cameron v Hussain and LV=.

The decision is a positive step in countering the judgment by the Court of Appeal which, in principle, meant that insurers would have to satisfy judgments obtained against unnamed individuals purely on the basis that they insured the vehicle.

The decision relates to an initial case whereby the claimant brought proceedings against the registered keeper and insurer due to the driver being unidentified. Whilst judgment was initially obtained against the claimant, there followed two appeals, the second of which was successful.

The Court of Appeal upheld the claimant’s argument that, having allowed unknown persons to be named in proceedings, a precedent was set; thus allowing the claimant to obtain a judgment against the fault driver by describing, rather than naming them. Upon obtaining such a judgment the insurer’s statutory obligation to satisfy the unsatisfied judgment under section 151 of the Road Traffic Act 1988 was triggered.

Keoghs partner, Damian Ward, was optimistic following the Supreme Court’s decision, saying;

“This is a positive step towards overturning the Court of Appeal’s original decision which has left insurers in a state of limbo. We will now begin the process of ensuring these ramifications are fully considered and an informed decision made at the upcoming appeal.”

Full details of Cameron v Hussain and LV= can be found here.