header-logo header-logo

17 April 2014 / Anthony Eskander , Rawdon Crozier
Issue: 7603 / Categories: Features , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll