FOIL update September 2012: Court of Appeal overrules Wilkinson v Churchill to allow proportionate recovery from an injured party

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You will recall that the case of Wilkinson v Churchill concerns the application of Sec 151(8) of the Road Traffic Act 1988 which gives a motor insurer which has had to pay damages a right to recoup its payment either from an uninsured person who created the liability, or from an insured person who permitted the use of the vehicle which gave rise to the liability.

In Wilkinson, the injured person (and the recipient of very substantial damages), was a twenty year old passenger in his own car being driven by an uninsured driver to whom he had given permission to drive. The insurer sought to recover its outlay from Mr Wilkinson under Sec 151(8) in effect seeking repayment of his damages.

This FOIL update focuses on the Court of Appeal's decision to overrule Wilkinson v Churchill, to allow proportionate recovery from an injured party.