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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.

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