Powszechny Zaklad Ubezpieczen v Alton

Subject Matter

PRACTICE — Claim — Striking out — Claimant's vehicle involved in road traffic accident with lorry registered in Poland — Claim issued against defendant alleging that claimant having direct right of action under statutory provisions against it as insurer of lorry — Defence identifying that defendant not insurer but rather insurer's agent and claims handler and also noting that statutory provision relied on applying only to vehicles normally based in United Kingdom — Claim amended to name insurer as defendant but still containing defect as to relevant statutory provision — Claim struck out on application of defendant — Whether defect in claim capable of being cured by further amendment — Balance of prejudice — Whether striking out disproportionate

[2024] EWCA Civ 1435; [2025] RTR 21, CA

Commentary

3 Hare Court
Polish up your pleadings! Case comment