Society Of Lloyd's Jaffray & Ors [2001] EWCA Civ 1503 (8 October 2001)

Society Of Lloyd's Jaffray & Ors [2001] EWCA Civ 1503 (8 October 2001)

The application to set aside the confidentiality order was refused because it was made by agreement, relied upon by Equitas, and the applicants' reasons were either irrelevant or already addressed. The application to join LMCS and Equitas was refused as joinder is not a proper means to obtain discovery.

Source-derived case information.

Citation
[2001] EWCA Civ 1503
Parties
Claimant/respondent: Society of Lloyd's; Defendant/applicant: Sir William Jaffray & Others; Proposed Defendant to Counterclaim: London Market Claims Services Limited (LMCS); Proposed Defendant to Counterclaim: Equitas Holdings Limited, Equitas Reinsurance Limited and all Equitas subsidiaries (Equitas); Interested Party: LMCSA and the Equitas Companies; Unrepresented Name/applicant: Mr Harrison; Unrepresented Name/applicant: Ms Ann Strong; Unrepresented Name/applicant: Mr Butler; Unrepresented Name/applicant: Mr Adams; Representative for Sir William Jaffray and Others: Mr Charity (Mackenzie Friend)
Jurisdiction
England and Wales
Judgment Date
08 October 2001
Procedural Posture
Appeal From Queen's Bench Division / Application to Set Aside Confidentiality Orders and Join Parties
Outcome
Application dismissed
Legal Topics
Confidentiality Orders, Joinder of Parties, Discovery, Group Litigation, Reinsurance
Civil Procedure Insurance Law Confidentiality Orders Joinder of Parties Discovery Group Litigation Reinsurance

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Parties

Society of Lloyd's

Claimant/respondent

Sir William Jaffray & Others

Defendant/applicant

London Market Claims Services Limited (LMCS)

Proposed Defendant to Counterclaim

Equitas Holdings Limited, Equitas Reinsurance Limited and all Equitas subsidiaries (Equitas)

Proposed Defendant to Counterclaim

LMCSA and the Equitas Companies

Interested Party

Mr Harrison

Unrepresented Name/applicant

Ms Ann Strong

Unrepresented Name/applicant

Mr Butler

Unrepresented Name/applicant

Mr Adams

Unrepresented Name/applicant

Mr Charity (Mackenzie Friend)

Representative for Sir William Jaffray and Others

Procedural Posture

Appeal From Queen's Bench Division / Application to Set Aside Confidentiality Orders and Join Parties

Legal Issues

  1. 1 Whether to set aside confidentiality orders protecting Equitas reserve information
  2. 2 Whether to join LMCS and Equitas as defendants to the counterclaim

Ratio Decidendi

The application to set aside the confidentiality order was refused because it was made by agreement, relied upon by Equitas, and the applicants' reasons were either irrelevant or already addressed. The application to join LMCS and Equitas was refused as joinder is not a proper means to obtain discovery.

Court Disposition

Application dismissed

Orders

  • Refusal to set aside confidentiality orders of 16 June 2000
  • Refusal to join LMCS and Equitas as defendants to the counterclaim