Stanbridge v Healy

• Jurisdiction: Ireland
• Judge: Mr. Justice Hamilton
• Judgment Date: 01 January 1985
• Neutral Citation: 1984 WJSC-HC 854
• Court: High Court
• Docket Number: No.4896 P/1977
• Date: 01 January 1985

1984 WJSC-HC 854

THE HIGH COURT

No.4896 P/1977

STANBRIDGE v HEALY

BETWEEN:-

CLAIRE STANBRIDGE

Plaintiff

-and-

DECLAN HEALY

Defendant

And By Order

MESSRS ENSIGN MOTOR POLICIES AT LLOYDS

Notice Party

Words & Phrases: Public place

Subject Headings:

INSURANCE: insurer

JUDGMENT: execution

1 Judgment of Mr. Justice Hamilton delivered the 6th day of October 1983.

2 On the 9th day of September 1973 the Plaintiff in these proceedings, Miss Claire Stanbridge suffered personal injuries as a result of an accident which she alleged was caused by the negligence of the Defendant, Declan Healy, in the driving of a motor vehicle owned by him. As appears from the Statement of Claim issued on her behalf, and as established in the evidence, the accident occurred on:-

"the roadway in the grounds of Cordufstown House, Naas in the County of Kildare."

3 On the 28th day of April 1982, the proceedings instituted on her behalf were compromised and judgment was entered in her favour against the Defendant, Declan Healy, in the sum of £9,000 and costs.

4 The Plaintiff has failed to recover the said sum or any portion thereof and on the 28th day of March 1983 caused to be issued a Notice of Motion seeking liberty to execute in respect of the said judgment and costs against Messrs Ensign Motor Policies.

5 This Motion was issued pursuant to the provisions of Section 76 of the Road Traffic Act, 1961, the relevant provisions of which are as follows:-

"76.(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechancially propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user) or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant must serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon service of the notice such of the following provisions as are applicable shall, subject to sub-section 2 of this section, have effect.

(c) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole of the amount of the judgment, the claimant may apply to the Court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the Court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount."

6 Sub-Section 3 of Section 76 of the Road Traffic Act, 1961provides that:-

"Sub-Sections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected."

7 Section 56 of the Road Traffic Act, 1961sets forth the circumstances in which an approved policy of insurance or an approved guarantee is required to be effected by the Road Traffic Act, 1961.

8 Section 56 (1) of the said Act provides that:-

"A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at the time either:-"

(a) an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the accepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or.

(b) An approved guarantee whereby there is guaranteed the payment by the user, or...