The case of Wilkinson v Churchill went to the European Court of Justice on 7th July.
The principal issue in this case is whether section 151(8) RTA in its present form complies with Community Law and / or if some amendment or reinterpretation as to the degree of the insured's knowledge might lead it to comply.
Full details of the case can be found in our earlier client alerts which are available on our website:
Court of Appeal judgment:
The decision was not handed down on the day and this may still take some months to arrive. Our advice is that any cases in which the circular indemnity issue under section 151(8) arises should be stayed in the event of proceedings being issued.
We will provide an update as soon as we have the Court’s decision.