ABSTRACT
The Monk v Warbey liability is a common law civil liability that is attached to the person who allows an uninsured person to drive the vehicle in contravention of section 143 of the Road Traffic Act (RTA) 1988 which expressly provides a criminal sanction for such contravention of the Act. A personal right of action for a breach of the RTA 1930 s 35 lied on the assumption that the policy of insurance was one which would give a third party some measure of indemnity in the event of the person using the car being guilty of negligence. The owner liability is quantified when the actual user who caused the accident is unable to pay the victim. The use of the vehicle, however, was required to be insured under section 145; therefore, the liability is relevant liability which would enable the victim to address his claim against the Motor Insurers’ Bureau.
