Axa Insurance UK PLC v Norwich Union Insurance Limited  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.
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