Monday, June 25, 2012

Insurance blow for victims of 'black-cab rapist' John Worboys

The passengers of a taxi driver who became known as the infamous "black-cab rapist" has lost a crucial step in their fight for damages today.
Ten women have asked a judge of the High Court in London to rule in their favor in a single action on the responsibility of automobile insurers on their injuries.
John Worboys, 54, was jailed indefinitely in 2009 after being sentenced at Croydon Crown Court for drugging and sexually assaulting women while working as a taxi driver in London under license.
Mr. Justice Silber rejected the claims made against Inceptum Insurance Company Limited, formerly known as HSBC Insurance (UK) Limited, on a preliminary issue of it was liable to pay damages because crimes have Worboys was committed in his taxi assured.
The judge expressed "the utmost sympathy" for women "in light of the horrific experiences they suffered at the hands of Worboys," but said his duty was to "follow the appropriate legal principles."
The women had asked the judge to declare that "the plaintiff obtains a judgment against Mr. Worboys damages and / or costs in respect of allegations", the insurers were "required to pay plaintiff the sum judgment with interest thereon due. "
During the hearing of the action in April, Edwin Glasgow QC, for the passengers, told the court: "The fundamental issue in these cases is whether the injury caused by assaulting a taxi driver on a passenger , during a voyage, were "caused by or arising from the use of a vehicle on a highway" for purposes of compulsory insurance required by the Road Traffic Act 1988. "
Mr. Glasgow said the key to solving this issue was "the role that the taxi and the taxi driver played in the events that took place".
He added: "It is our submission that the use of taxis and the role it played in the attacks that took place during their journey was essential and material."
The QC told the court: "The taxi was not made to be where the attacks occurred, it was the symbol of security that attracted these young women to believe they were safe .. "
The taxi has become the place where women were "kidnapped", where Worboys made up his mind that he would attack them, where they were poisoned - and he "provided the means" by which attacks may occur.
Worboys used his taxi as a "decoy" for unsuspecting young women who have been deceived into believing that their security was assured by two things: the black cab and the authorized driver.
Each applicant was a passenger in a taxi Worboys' in 2007 or 2008.
Mr. Glasgow said Worboys was "clearly liable to the claimants of his intentional wrongful conduct."
Responsibility to each of them was "against the injury caused to it by, and / or arising from the use of his vehicle on the road."
The second defendant - the insurers - "accepted fact and ensure Mr Worboys, under the 1988 Act on Road Traffic regarding its responsibility for applicants for these issues."
The move was opposed by insurers.
In today's decision, Mr. Justice Silber found that the injury suffered by women did not arise from the use of the vehicle Worboys' on a highway or other public place as defined in the Act in 1988.
He announced that the use Worboys' vehicle at the material time was not a use provided by the policy issued by insurers.
The judge ruled that insurers were not liable "to pay to a provider of any sum payable under the judgment expected to be obtained by it against Worboys, or any part thereof specified".




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