GOODBARNE v. BUCK.

(1940) 66 Ll.L.Rep. 129

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Clauson and Mr. Justice Charles.

Motor insurance-Voidable policy-"Cause or permit" use of vehicle on road- Motor van purchased by W.B. with money advanced by H.B.-Van to be driven by W.B. and used in his business -Proposal for insurance signed by W.B., H.B. being declared as the proposer and registered owner-Fatal accident in which G. was killed-Policy avoided by insurers on ground of misrepresentation-Claim by plaintiff (as dependant of G.) against both H.B. and W.B.-Whether a valid policy in force- Road Traffic Act, 1930, Sect. 35 (1): ". . . It shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third-party risks as complies with the requirements of this Part of this Act"-Plaintiff's contention that H.B. caused or permitted the user of the motor van on a road when there was not in force a policy covering third-party risks in accordance with Act - Plaintiff's claim against H.B. dismissed by Hilbery, J. -Appeal.