KDP & Anor v TXL & Ors

Facts

In summer 2022 a family group on holiday in Ramsgate was struck when TXL, driving an Alfa Romeo under the influence of drugs, mounted the pavement. He killed GXK, who was pregnant, and her father LTW, and injured other members of the family. TXL was convicted of two counts of causing death by dangerous driving and two of causing serious injury by dangerous driving, and on 8 December 2022 was sentenced to 16 years' imprisonment. TXL and his parents, including his father RXS, later pleaded guilty to perverting the course of justice: his parents had removed cocaine and TXL's phone from the crashed car. The bereaved and injured claimants sued TXL, UK Insurance Ltd (UKIL), with which RXS had insured the Alfa, and Haven, TXL's own insurer. Default judgment was entered against TXL. The two insurers then settled their dispute on confidential terms, with UKIL admitting it was obliged to satisfy the judgments under section 151 of the Road Traffic Act 1988. Most of the claims were settled with court approval. UKIL then brought Part 20 claims under section 151(8) of the Road Traffic Act 1988 to recover its outlay from TXL and RXS. In his Part 20 Defence, which was verified by a statement of truth, RXS admitted that he owned the Alfa and had allowed TXL to drive it. After UKIL applied for summary judgment, RXS applied to withdraw those admissions, now saying that they were false and that the car belonged to TXL's wife. TXL applied to amend his Defence to support that account and to argue that Haven or the Motor Insurers' Bureau should bear the liability.