Practice and Procedure

BENJAMIN WILKINSON (BY HIS FATHER & LITIGATION FRIEND STEPHEN WILKINSON) v (1) KIERAN THOMAS FITZGERALD (2) CHURCHILL INSURANCE COMPANY LTD (2009)

PUBLISHED June 11, 2009
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[2009] EWHC 1297 (QB)

An insurer's right of recovery under the Road Traffic Act 1988 s.151(8) could not be applied in such a way as to negate the insurer's obligation under s.151(5) to pay to someone entitled to the benefit of a judgment the sum payable under that judgment, where that would be inconsistent with the provisions of Directive 84/5 art.2.

QBD (Manchester) (Blair J)

11/06/2009

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