The WLR Daily case summaries
[2022] WLR(D) 133
Court of Appeal
Colley v Shuker and others
[2022] EWCA Civ 360
2022 Feb 2, 3;
March 22
March 22
Holroyde, Stuart-Smith, Warby LJJ
Road traffic— Motor Insurers’ Bureau— Uninsured driver— Passenger sustaining personal injuries in car accident caused by negligence of driver— Vehicle insured but driver uninsured— Passenger entering vehicle knowing driver uninsured— Insurer avoiding policy on grounds of material misrepresentation by insured— Whether Motor Insurers’ Bureau obliged to compensate passenger— Whether obligation to compensate applying where vehicle insured but driver uninsured— Whether obligation excluded when passenger entering vehicle knowing driver uninsured—
Road Traffic Act 1988 (c 52), ss 151, 152(2)
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Parliament and Council Directive 2009/103/EC, arts 3, 10