Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd [2022] EWCA Civ 17 (11 January 2022)
All claims against Spire arose from the same unifying factor—Mr Paterson's dishonest and negligent conduct in operating on patients without informed consent—so the aggregation clause applies and the £10 million policy limit is triggered for all claims collectively.
- Citation
- [2022] EWCA Civ 17
- Parties
- Claimant/respondent: Spire Healthcare Limited; Defendant/appellant: Royal & Sun Alliance Insurance Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 11 January 2022
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From High Court
- Outcome
- Appeal allowed
- Legal Topics
- Aggregation Clauses, Policy Interpretation, Medical Negligence Liability, Indemnity Limits
Case Brief
Summary, issues, holding and outcome
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Parties
Spire Healthcare Limited
Claimant/respondent
Royal & Sun Alliance Insurance Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Legal Issues
- 1 Whether all claims arising from Mr Paterson's conduct aggregate under the insurance policy's aggregation clause
- 2 Whether the policy limit is £10 million or £20 million for Spire's liability
Ratio Decidendi
All claims against Spire arose from the same unifying factor—Mr Paterson's dishonest and negligent conduct in operating on patients without informed consent—so the aggregation clause applies and the £10 million policy limit is triggered for all claims collectively.
Court Disposition
Appeal allowed
Orders
- The £10 million policy limit applies to all claims arising from Mr Paterson's conduct under the aggregation clause.
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