Beecham Peacock Solicitors LLP v (Enterprise Insurance Company Plc & Ors [2014] EWHC 2194 (QB) (03 July 2014)

Beecham Peacock Solicitors LLP v (Enterprise Insurance Company Plc & Ors [2014] EWHC 2194 (QB) (03 July 2014)

There is a realistic prospect that BPL/BPS may have a direct contractual claim against the insurers based on the Procedure Manual and Relationship Agreement; the question of breach of CFA Regulations and disclosure of interest is fact-dependent and unsuitable for summary determination; relief from sanctions is granted due to mutual default and justified delay.

Citation
[2014] EWHC 2194
Parties
Claimant: Beecham Peacock Solicitors LLP; First Defendant: Enterprise Insurance Company PLC; Second Defendant: Isle of Man Insurance Limited; Third Defendant: Mount Grace Insurance Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Civil / Application for Summary Judgment/strike Out
Outcome
Application for summary judgment/strike out dismissed; relief from sanctions granted.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Privity of Contract, Disclosure of Interest, Relief From Sanctions
Insurance Law Civil Procedure Conditional Fee Agreements After the Event Insurance Privity of Contract Disclosure of Interest Relief From Sanctions

Case Brief

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Parties

Beecham Peacock Solicitors LLP

Claimant

Enterprise Insurance Company PLC

First Defendant

Isle of Man Insurance Limited

Second Defendant

Mount Grace Insurance Limited

Third Defendant

Procedural Posture

Civil / Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether BPL/BPS has a direct right of action against the insurers under ATE policies
  2. 2 Whether failure to disclose interest under CFA Regulations renders the CFA unenforceable
  3. 3 Whether subrogation or restitution provides a basis for claim

Ratio Decidendi

There is a realistic prospect that BPL/BPS may have a direct contractual claim against the insurers based on the Procedure Manual and Relationship Agreement; the question of breach of CFA Regulations and disclosure of interest is fact-dependent and unsuitable for summary determination; relief from sanctions is granted due to mutual default and justified delay.

Court Disposition

Application for summary judgment/strike out dismissed; relief from sanctions granted.

Orders

  • Claim proceeds to trial on merits.
  • Relief from sanctions granted to both sides.