HHJ Khan, Preston CC, 14th May 2020

 

Both parties brought a claim against the other in the Portal.   In the one brought by Mr Nazir, the Defendant in that claim admitted liability.  Mr Mukadam was driving his employer's vehicle under their policy of insurance.  He argued that the admission made by the insurers should not bind him outside of the claim, noting that because it was not his insurance policy, he had no privity of contract with the insurers.  

 

Furthermore, when the admission of liability was made in the portal, it was accompanied by a side note which stated: 

• "Please note that we are dealing with your client’s claim on a without admission of liability from our insured." 

The court held that nonetheless, the admission was binding on the driver outside the portal, preferring Ullah v Jon to Malak v Nasim, and following Chimel v Chibwana & Williams.

 

Instructed by Matt Dowrick, Canford Law Solicitors.

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