FOIL Update – Cameron v Hussain final

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In a judgment handed down on 20 February, the Supreme Court has unanimously allowed LV’s appeal in the case of Cameron v Hussain. The decision confirms that a claimant in an RTA claim cannot bring a claim against an untraced, unidentified defendant, who cannot be shown to be aware of the proceedings, in the expectation that an insurer who has issued a policy in respect of use of the vehicle responsible for the accident will satisfy the judgment. In these circumstances the appropriate remedy is against the MIB (the MIB was an intervener in the Supreme Court, in support of allowing the appeal).