European International Reinsurance Company Ltd v Curzon Insurance Ltd & Ors

European International Reinsurance Company Ltd v Curzon Insurance Ltd & Ors

The claims against SRS, SOL and Marsh are not bound to fail as a matter of law or fact; there is sufficient material to support a real prospect of success on the pleaded facts, particularly given the unresolved scope of the letter of engagement and the arguable assumption of responsibility by SRS, SOL, Marsh, and their employees. Summary disposal is inappropriate at this stage.

Parties
Claimant: European International Reinsurance Company Ltd; Defendant/part 20 Claimant: Curzon Insurance Limited; Part 20 Defendant: Sedgwick Limited (Formerly SG Services Ltd); Part 20 Defendant: Sedgwick UK Risk Services Ltd; Part 20 Defendant: Sedgwick OS Ltd; Part 20 Defendant: Marsh USA Inc
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Commercial Court Application (joinder/strike Out) / Interlocutory Application for Setting Aside Joinder or Striking Out Part 20 Claim
Outcome
Application to set aside joinder or strike out Part 20 Claim dismissed
Legal Topics
Assumption of Responsibility, Hedley Byrne Duty of Care, Vicarious Liability, Summary Disposal of Claims, Limitation of Liability, Joinder of Parties
Commercial Law Insurance Law Tort Law Assumption of Responsibility Hedley Byrne Duty of Care Vicarious Liability Summary Disposal of Claims Limitation of Liability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

European International Reinsurance Company Ltd

Claimant

Curzon Insurance Limited

Defendant/part 20 Claimant

Sedgwick Limited (Formerly SG Services Ltd)

Part 20 Defendant

Sedgwick UK Risk Services Ltd

Part 20 Defendant

Sedgwick OS Ltd

Part 20 Defendant

Marsh USA Inc

Part 20 Defendant

Procedural Posture

Commercial Court Application (joinder/strike Out) / Interlocutory Application for Setting Aside Joinder or Striking Out Part 20 Claim

Legal Issues

  1. 1 Whether SRS, SOL and Marsh should be set aside as parties or have the Part 20 Claim struck out for having no real prospect of success
  2. 2 Whether SRS, SOL and Marsh (and their employees) assumed responsibility to Curzon under Hedley Byrne principles
  3. 3 Whether the existence and scope of the letter of engagement precludes a free-standing duty of care in tort

Ratio Decidendi

The claims against SRS, SOL and Marsh are not bound to fail as a matter of law or fact; there is sufficient material to support a real prospect of success on the pleaded facts, particularly given the unresolved scope of the letter of engagement and the arguable assumption of responsibility by SRS, SOL, Marsh, and their employees. Summary disposal is inappropriate at this stage.

Court Disposition

Application to set aside joinder or strike out Part 20 Claim dismissed

Orders

  • Joinder of SRS, SOL and Marsh stands; claims against them to proceed to trial unless otherwise ordered