Ins. - Permitting | Newbury-v-Davis 1974, RTR 367

[jeffreyarcher]

This judgement said that someone who lends a vehicle cannot be convicted of permitting, if the vehicle was lent on the express condition that they provide their own insurance. Does anyone have a copy of the judgement or a report?

[Dwight VanDriver]

Cannot come up with the Judgement but case mentioned in Wilkinson's Traffic Law.

Stones: Newbury v Davis (1974) 118.Sol Jo.222 (1974) RTR 367 which should bring it to light if you have a good library.

Note that Stones does not give much credence to the case and follows with Chief Constable Norfolk v Fisher 1991 - person who lends his car to another cannot avoid liability for permitting use without Insurance by asking the other to be insured before using it.

This principle was also applied in the case Ferrymasters Ltd v Adams 1980 but that involved a Driving Licence.

DVD

[mybrainhurts]

How do, DvD........escaped from the backroom, eh?