COLLEY V SHUKER AND OTHERS

[2019] EWHC 781 (QB), Queen's Bench Division (Manchester District Registry), Mrs Justice O’Farrell, 28 March 2019

Insurance (motor) - Avoidance of policy for breach of duty of fair presentation - Compatibility with EU law - Extension of time for service of claim form - Road Traffic Act 1988, section 151(2) - Consumer Insurance (Disclosure and Representations) Act 2012 - Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC - Civil Procedure Rules, Part 7

On 27 March 2015 Mr Colley was a passenger in a motor vehicle driven by Mr Shuker, who did not have a driving licence and was uninsured. Mr Colley suffered serious injuries when Mr Shuker lost control of the vehicle and it overturned on an embankment. The vehicle belonged to Mr Shuker's father, and he had insured it with UKI, although the policy did not extend to cover Mr Shuker's use of the vehicle. In June 2016 UKI obtained a declaration under section 152(2) of the Road Traffic Act 1988 that it was entitled to avoid the policy in accordance with the Consumer Insurance (Disclosure and Representations) Act 2012. In March 2018 Mr Colley issued proceedings against Mr Shuker, UKI and the Motor Insurers Bureau (MIB). UKI and the MIB were duly served within the four months required by CPR 7.5, but Mr Shuker could not be traced because he had changed his address on two occasions. Time for service was extended. There were three applications in the present case: by UKI to strike out the action against it; by the MIB to overturn the order extending time for service on Mr Shuker; and by Mr Colley to join the Secretary of State.