Colley v Shuker and others

Motor insurance – Personal injury claim. The claimant's claim against the second defendant insurer was struck out and summary judgment was granted in favour of the insurer. The claimant had suffered serious personal injuries as a passenger in a motor vehicle driven by the first defendant, who had not had a valid driving licence or insurance to drive the vehicle. The vehicle had been insured in the name of the first defendant's father. The claimant sought to set aside a declaration, granted to the insurer under s 152 of the Road Traffic Act 1988, that the insurer was entitled to avoid the policy on the grounds of material misrepresentations. The Queen's Bench Division ruled, among other things, that the insurer had a statutory defence to the claim based on s 152(2) of RTA 1988, and that there was no obligation on the court, or power, to disapply the domestic legislation on the basis of any claimed incompatibility with Directive (EC) 2009/103.

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