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17 April 2014 / Anthony Eskander , Rawdon Crozier
Issue: 7603 / Categories: Features , Commercial
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Covered up?

Is there a right to inspect a defendant’s liability insurance, ask Rawdon Crozier & Anthony Eskander

In XYZ v Various [2013] EWHC 3643 (QB), [2013] All ER (D) 278 (Nov) nearly 1,000 women who had undergone breast implant surgery were seeking damages from private hospitals for supplying them with defective implants, manufactured by a French company, PIP. The claimants’ case was that the implants were of unsatisfactory quality in breach of the Supply of Goods and Services Act 1982, s 4(2)

The claimants were concerned as to whether one defendant, Transform Medical Group (CS) Ltd (Transform), could meet a judgment and made an application under Pt 18 seeking disclosure of the relevant insurance policies. They sought the same relief under CPR 3.1(2)(m).

Pt 18 application

The claimants submitted that Pt 18 was broad enough to encompass information concerning the extent of a party’s insurance cover because it was a relevant issue in the proceedings.

Mrs Justice Thirlwall was faced with two conflicting authorities as to the ambit of Pt 18: Harcourt v Griffin

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MOVERS & SHAKERS

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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