Noble Caledonia Limited v Air Niugini Limited [2017] EWHC 1095 (QB) & [2017] EWHC 1393 (QB) – Warsaw Convention, Service out of Jurisdiction

This blog post is by George White of 12 King’s Bench Walk.

This claim arose out of a claim in breach of contract against a foreign airline (‘D’). A fuller case commentary is available here. Continue reading “Noble Caledonia Limited v Air Niugini Limited [2017] EWHC 1095 (QB) & [2017] EWHC 1393 (QB) – Warsaw Convention, Service out of Jurisdiction”

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”

MIDTOWN ACQUISITIONS LP V ESSAR GLOBAL FUND LTD [2017] EWHC 519 – ENFORCEMENT OF FOREIGN JUDGMENTS

If it looks like a duck, swims like a duck and quacks like a duck… In this blog post, Patrick Vincent of 12 King’s Bench Walk looks at a recent attempt to escape enforcement of a New York judgment in England on various grounds.

The Claimant obtained two judgments for a total of US$587m in the courts of New York. It did so pursuant to Rule 3218 of the New York Civil Practice Law & Rules (“CPLR”). That rule enables a claimant to enter judgment against a defendant who has “confessed to judgment” by affidavit (“a judgment by confession”), without an action being brought or notice being given. The Defendant had signed such affidavits in the course of negotiating its liabilities to the Claimant.

The English court hearing in front of Teare J determined (i) the Defendant’s challenge to jurisdiction (ii) the Claimant’s application for summary judgment in its action upon one of the New York judgments and (iii) the Defendant’s application for any judgment to be stayed. The applications were heard together by consent. Continue reading “MIDTOWN ACQUISITIONS LP V ESSAR GLOBAL FUND LTD [2017] EWHC 519 – ENFORCEMENT OF FOREIGN JUDGMENTS”