0370 270 6000

Nawaz v Crowe Insurance Group, Court of Appeal, 24 February 2003

4 March 2003
The issues

RTA – road traffic – Section 152 Road Traffic Act 1988.

The facts

The Claimant obtained Judgment in Default against the Defendant. Thereafter proceedings were issued against the Insurer. A trainee Solicitor acting for the Claimant telephoned a Legal Secretary at the office of the Solicitors appointed by the Insurer in order to obtain details about the other driver and mentioned that this information was wanted because his firm were about to issue proceedings. The Insurer maintained that it had no liability to the Claimant as no proper notice had been given. The District Judge found that adequate notice had been given. The Judge allowed the Appeal of the Insurer on the basis that the Legal Secretary had no authority to receive the Notice and that the Notice was not sufficiently specific. The Claimant appealed.

The decision

1. To receive a Notice of this sort was well within the authority of a Legal Secretary. It was reasonable for her to receive the Notice.

2. Although the purpose of the call was to obtain information, it was also perfectly clear from the call that proceedings were to be commenced.

Appeal allowed.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up