All posts by James Beeton

Assens Havn v Navigators Management (UK) Limited Case C-368/16 – jurisdiction clauses, third party actions against insurers

This blog post is by Philip Mead of 12 King’s Bench Walk.

Claims in matters relating to insurance: does an exclusive jurisdiction clause between the insurer and the policyholder bind a third party bringing a direct right of action against the insurer? No, held the Court of Justice of the European Union in Case C-368/16, Assens Havn v Navigators Management (UK) Limited (Judgment of the Eighth Chamber, 13 July 2017). Continue reading Assens Havn v Navigators Management (UK) Limited Case C-368/16 – jurisdiction clauses, third party actions against insurers

Howe v MIB (No. 2) [2017] EWCA Civ 932 – QOCS, MIB

This blog post is by James Beeton of 12 King’s Bench Walk.

The issue in this case was the applicability of the QOCS provisions contained in CPR Part 44 to claims against the Motor Insurers’ Bureau (“MIB”) pursuant to reg. 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 arising out of accidents abroad. The Court of Appeal’s decision on this issue and the reasoning employed have significant implications for the viability and impact of claims against compensatory bodies at home and abroad. Continue reading Howe v MIB (No. 2) [2017] EWCA Civ 932 – QOCS, MIB

Government to Extend Fixed Costs to Holiday Sickness Claims

In a highly significant move, the MOJ has announced that the CPRC will be asked to bring forward proposals for fixed recoverable costs in holiday sickness claims. The move is described as being in direct response to the rise in the number of ‘bogus’ gastric illness claims. It remains to be seen whether the proposed changes will involve a bespoke system for gastric illness claims or whether they will apply to all cases involving low-value personal injuries suffered abroad.

The announcement is available here.

EU Publishes Position Paper on Judicial Cooperation in Civil and Commercial Matters

The European Commission has published a short position paper on Judicial Cooperation in Civil and Commercial Matters for the purposes of the art. 50 negotiations, which is available here.

The paper calls for preservation of the status quo under EU law in respect of jurisdiction, recognition and enforcement of proceedings pending on the date of the UK’s withdrawal from the EU and in respect of choices of forum and law made prior to that date. The continuing scope and effect of key provisions after that date (i.e. Rome I and II and Brussels I and II) is left open.

Cruise and Maritime Services International Limited v Navigators Underwriting Agency Limited [2017] EWHC 843 (Comm) – Athens Convention, Insurance

This blog post is by James Beeton of 12 King’s Bench Walk.

In this short but interesting judgment, Knowles J considered the liability of insurance underwriters in the context of sums paid out by a cruise company following a sickness outbreak on a cruise ship. His judgment emphasises the centrality in disputes of this nature of the contractual relationship between the various parties and the wording of the relevant policy.

This case involved an outbreak of norovirus on a cruise ship in July 2009, which was significant enough that the voyage had to be cut short. The head charterers of the vessel held a policy of insurance underwritten by the Defendant. The Claimant cruise company was named as a co-insured under that policy. The affected passengers were told that they would receive payments from their various tour operators to cover the amount they had paid for the cruise along with other sums. The Claimant agreed to meet those costs and then sought an indemnity against the liabilities it claimed to have incurred as the ‘contracting carrier’ under the Athens Convention 1974. Continue reading Cruise and Maritime Services International Limited v Navigators Underwriting Agency Limited [2017] EWHC 843 (Comm) – Athens Convention, Insurance

Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 – Montreal Convention, Psychiatric Injury

 

In this blog post, Max Archer of 12 King’s Bench Walk considers the recent judgment of the Court of Appeal of New South Wales in Pel-Air Aviation Pty v Casey, a case that has important ramifications for cases involving a psychiatric injury brought under the Montreal Convention. Max previously considered in detail the issues that arise in claims in this area in a previous blog post here. Continue reading Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 – Montreal Convention, Psychiatric Injury

Microsoft Mobile Oy (Ltd) v Sony Europe Ltd and others [2017] EWHC 374 (Ch) – Service out of the Jurisdiction

This blog post is by Philip Mead of 12 King’s Bench Walk. The case concerned the Defendants’ applications to stay the Claimant’s claims or set aside the Claimant’s claims on the basis that the Court had no jurisdiction to hear them. The judgment contains a useful summary of the tests to be applied and applicable principles in the case law when seeking to challenge jurisdiction. Continue reading Microsoft Mobile Oy (Ltd) v Sony Europe Ltd and others [2017] EWHC 374 (Ch) – Service out of the Jurisdiction