Axa Insurance UK PLC v Norwich Union Insurance Limited [2007] EWHC 1046 (Comm)

Roger ter Haar QC and Justin Davis successfully argued before Andrew Smith J that an employee who suffered personal injuries at work when he was knocked out of the raised bucket of a stationary cherry picker by another vehicle was to be covered under an employer's liability policy rather than a motor liability policy. The crucial question was whether it was compulsory under the RTA 1988 that the employer be insured against their liability to the injured employee. If it was so compulsory, then the motor insurer was liable to indemnify the employer. If it was not, then the employer's liability insurer was liable to indemnify the employer. This question depended on the proper interpretation and application of section 145(4A) of the RTA 1988 and its interaction with the Employers' Liability (Compulsory) Insurance Exemption (Amendment) Regulations 1992 and the Third Directive on Motor Insurance (90/232/EEC).

The Judgment is available below.

AXA v NU - judgment

Back to News


About cookies on our website

Our site uses cookies to improve your experience of certain areas of the site. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended. To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our privacy policy page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits).