The April 2018 decision of Bin Sun v Jason
Price1 provides a useful summary of the
circumstances in which a party can be joined as co-defendant
against the wishes of the plaintiff.
Background
The case related to a road traffic accident and the defendants
were insured by Bump Insurance. The insurer had carried out an
investigation, which uncovered that some of the occupants of the
car were known to each other. The insurer refused to indemnify the
defendants, and was concerned that if the plaintiff was successful
in his action, he would seek to enforce his award pursuant to
Section 76 of the Road Traffic Act 1961. Section 76 facilitates a
claimant in a road traffic case, who has recovered judgment against
the owner or user of the vehicle who is covered by a policy of
insurance, to enforce the judgment against the insurer.
