header-logo header-logo

Facts matter for aggregation

30 March 2017
Issue: 7740 / Categories: Legal News
printer mail-detail

The Supreme Court has handed down an important judgment on “aggregation” of claims, in a long-awaited ruling.

AIG Europe Ltd v Woodman and Ors [2017] UKSC 18 concerned the question of when indemnity claims can be “aggregated” (treated as a single claim), thus reducing the amount of money paid out by the insurer, AIG, from about £11m to £3m. The case centred on the interpretation of wording in Law Society rules on minimum terms and conditions in indemnity contracts, namely the aggregation of “related matters or transactions”.

Investors who lost money on property developments in Morocco and Turkey brought professional negligence claims against their solicitors. The Supreme Court unanimously rejected the Court of Appeal’s ruling that, for claims to be aggregated, there must be an “intrinsic relationship” between the transactions concerned. Lord Toulson, giving the lead judgment, said there must be an “inter-connection” between the transactions, and they must “fit together”. Determining what is related is an “acutely fact sensitive exercise”, and any analysis must be approached objectively, he said.

The Supreme Court held that, on the agreed facts before it, the insurers could not aggregate the claims.

David Bowman, senior associate at Royds Withy King, which acted for the claimant investors, said: “A precedent has…been established for cases involving solicitors professional indemnity policies that insurers should not try to aggregate together multiple insurance claims which involve many transactions that relate to two or more discrete developments or projects.”

James Turnbull, solicitor at Locktons Solicitors, said the judgment clarifies that “there can be no straightforward clear-cut ‘test’ to determine whether a series of claims can be aggregated”.

Issue: 7740 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
back-to-top-scroll