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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll