Kerry Underwood

SERVICE ON INSURERS IS GOOD SERVICE ON DEFENDANT

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In Batt v English, Winchester County Court, Claim number C10YJ382

Master Davison, sitting as a Recorder, held that service on solicitors who had said that they were instructed to accept service of proceedings “on behalf of Aviva Insurance Limited” was good service on the insured, that is on Mr English, the Defendant.

This was a road traffic accident and there had been extensive correspondence with the Defendant’s solicitors, who referred throughout to their client as Mr English.

The solicitors’ argument that they were instructed only by the insurance company, and not Mr English, succeeded before the District Judge who struck out the claim.

The Recorder allowed the Claimant’s appeal and leave for a second appeal has been refused by Lord Justice Underhill.

The solicitors were instructed to accept service on behalf of the Defendant because it was exclusively in their capacity as subrogated to the defence of the claim that Aviva were acting.

I am grateful to Gordon Exall for information concerning this case.

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Written by kerryunderwood

August 21, 2017 at 12:29 pm

Posted in Uncategorized

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