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Jubilee Motor Policies v Volvo Truck & Bus [2010] EWHC 3641 (QB)

This case determined the question whether a Road Traffic Act insurer who is required by s 151 of the Road Traffic Act 1988 to satisfy a judgment, can claim a contribution under the Civil Liability (Contribution) Act 1978 from another alleged wrongdoer responsible for the road traffic accident in which a third party was injured.

Jason Evans-Tovey, acting for the defendant contractual insurer of the alleged wrongdoer, successfully persuaded the High Court to grant summary judgment in the defendant’s favour on grounds that (i) “in respect of the same damage” in s 1(1) of the 1978 Act had to be narrowly construed, (ii) the relevant damage was the third party’s personal injuries, (iii) while the alleged defendant wrongdoer may be liable for those injuries, the Road Traffic Act insurers were neither wrongdoers for the purposes of the 1978 Act nor liable for the third party’s injuries because their liability did not arise until some years after the accident and then it was not for the third party’s personal injuries but economic, to pay the judgment sum.

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