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Alan Law v. Frank Ronald & Motor Insurers? Bureau [2010] CSOH 53


In this action the pursuer sought damages from the first defender for injuries which he sustained as a result of a road accident on 30 May 2004. In addition the pursuer sought from the second defender declarator that they were liable to satisfy any decree awarded against the first defender if any decree remained unpaid by the first defender after seven days. On 30 May 2004 the pursuer had allowed himself to be driven by the first defender following a party. An accident occurred on the A83 Tarbert to Lochgilphead road as a result of which the pursuer was injured. The issue here at proof was whether the second defenders proved that at the time of the accident the pursuer was allowing himself to be carried in the vehicle at a time when he knew or ought to have known that the vehicle was being used without there being in force in relation to its use a contract of insurance. During the proof a witness, George Brown, gave evidence in which he stated that at the first defender's house before leaving in the motor vehicle prior to the accident there was a discussion in the presence of the pursuer that the first defender did not have insurance and this was known to the pursuer. Here the court considered whether the witness's evidence should be accepted on the issue that the pursuer had actual knowledge of the lack of insurance when he agreed to be driven by the first defender.