Case details

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant)

Case ID: UKSC 2017/0115

Case summary

Issue(s)

Whether a claimant is entitled to bring a claim for damages against an unnamed defendant if the claimant has been the victim of an unidentified hit-and-run driver, and the car the unidentified driver was driving is covered by an insurance policy, albeit one in the name of someone untraceable.

Facts

On 26 May 2013 Miss Cameron was driving when she collided with a Nissan Micra. Miss Cameron’s car was written off in the collision, and both she and her passengers suffered minor personal injuries. The driver of the Micra did not stop, but its number plate was taken down by a passing driver.

On this basis, it was discovered that the Micra was (i) registered in the name of a Mr Naveed Hussain and (ii) the subject of an insurance policy with Liverpool Victoria Insurance Company Limited. Miss Cameron therefore issued proceedings against Mr Hussain, believing him to be the driver involved in the collision, and she subsequently added the insurance company as a co-defendant. However, the insurance company then applied for summary judgment of the claim, arguing that Miss Cameron was unable to prove Mr Hussain was the driver. In response, Miss Cameron sought to amend her claim so as to substitute, for Mr Hussain, the following description: "The person unknown driving vehicle registration number Y598 SPS who collided with vehicle registration number KG03 ZIZ on 26th May 2013".

When the issue came before a District Judge Miss Cameron’s application to amend was dismissed and summary judgment granted, and this position was upheld by HHJ Parker. However, when the case came before the Court of Appeal the majority of the judges found for Miss Cameron. The insurance company now appeals that decision to the Supreme Court.

Judgment appealed

[2017] EWCA Civ 366

Parties

Appellant(s)

Bianca Claire Cameron

Respondent(s)

Liverpool Victoria Insurance Co Ltd

Appeal

Justices

Lord Reed, Lord Sumption, Lord Carnwath, Lord Hodge, Lady Black

Hearing start date

28 Nov 2018

Hearing finish date

28 Nov 2018