The CJEU is coming to town with an early Xmas present: I am of course talking about the much anticipated ruling on the so-called “Keefe question” as referred by DJ Hennessy at the last possible moment in Tattersall v Seguros Catalana Occidente SA and Basque (Unreported) Birkenhead County Court, 31 December 2020.
The question concerns whether it is a requirement of art. 13(3) of Brussels I (Recast) that, for an injured person to make a parasitic claim against an insured alongside a direct action against the insurer, the claim against the insured has to involve “a matter relating to insurance” in the sense that it raises a question about the validity or effect of the policy.
The CJEU’s judgment in the case (under citation C-708/20, BT) will be handed down on 9 December 2021. A collector’s item for the stockings of all conflicts lawyers.