Principal Registry - 2013

2 judgments

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2 judgments
Citation
Judgment date
October 2013
Insurer liable for passengers' injuries despite policy exclusion; owner negligent for failing to keep vehicle in repair.
Road Traffic Act s.148(2) — insurer liability despite policy exclusions; Owner's duty to keep vehicle in repair — res ipsa loquitur; Procedural joinder — late objection and available remedies (third-party notice/calling witness).
15 October 2013
Compliance with a lawful police request to hand over the applicant did not constitute false imprisonment or defamation.
False imprisonment – private person assisting police – s41(a) Criminal Procedure and Evidence Code – lawful delivery to police; Defamation – conduct as publication – mere arrest/handcuffing not necessarily defamatory; Compliance with lawful police request as defence to civil liability; Failure to prosecute does not of itself establish false imprisonment.
15 October 2013