W, a taxi driver, sexually assaulted a number of women in his
taxi after persuading them to accept alcoholic drinks laced with
sedatives. It was accepted that his conduct was deliberate and fell
outside his licensed activities as a taxi driver. The victims
brought claims against W for damages. The question was whether
W's motor liability insurers, who had issued compulsory motor
cover complying with the Road Traffic Act 1988 (RTA), were liable
to meet the claims. Silber J held that they were not.
- The injuries did not arise out of the use of a vehicle on a
road or other public place in accordance with RTA, section
145(3)(a). The term "arising out of" contemplated more
remote consequences than the phrase "caused by", and it
required a relationship between the injuries and the use of the
vehicle. In the present case the injuries of the claimants were
caused by the criminal acts of W in administering sedatives and
then in attempting to or actually assaulting the
