IN THE SUPREME COURT OF JUDICA'I'URE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2005HCV3040

BETWEEN CONRAD McKNlGHT CLAIMANT

(By next friend Conrad McKnight)

AND

BETWEEN

AND

N.E.M. INSURANCE COMPANY DEFENDANT

(JA.) LIMITED

AND

N.E.M. INSURANCE COMPANY

(JA.) LIMITED

ANCILLARY CLAIMANT

WEBSTER BUCHANAN ANCILLARY DEFENDANT

IN CHAMBERS

Mr. Dennis Forsythe instructed by Forsythe & Forsythe for the claimant.

Ms. Camille Wignall instructed by Nunes, Scholefield, DeLeon & Co, for the

defendantlancillary claimant.

April 19, 2007 & Julv 1 3, 2007

McDONALD-BISHOP, J. (Au.)

1. This action primarily concerns a question of law as to the construction of

section 18 (1) of the Motor Vehicles Insurance (Third Party Risks) Act as it stood

prior to its amendment by the Motor Vehicles Insurance (Third Party Risks)

(Amendment) Act, 2005. The action had commenced before the amendment