R+v Versicherung AG v Risk Insurance and Reinsurance Solutions SA & Ors [2006] EWHC 42 (Comm) (27 January 2006)

R+v Versicherung AG v Risk Insurance and Reinsurance Solutions SA & Ors [2006] EWHC 42 (Comm) (27 January 2006)

Risk is estopped and/or precluded by abuse of process from disputing R+V's entitlement to recover the full 40% Deduction as damages for conspiracy. Claims handling fees are only payable for claims actually handled by Risk. Profit commission must be calculated after deduction of all commissions and fees payable to Risk. Internal management and staff time spent investigating and mitigating the conspiracy is recoverable in principle as damages, subject to quantification.

Citation
[2006] EWHC 42 (Comm)
Parties
Claimant: R+V Versicherung AG; Defendants: Risk Insurance and Reinsurance Solutions SA & Others
Jurisdiction
England and Wales
Judgment Date
27 January 2006
Procedural Posture
Commercial Court Quantum Determination Following Liability Judgment / Post Liability, Preliminary Quantum Issues Hearing
Outcome
Preliminary issues determined in favour of R+V; Risk precluded from disputing recoverability of 40% Deduction; other quantum issues clarified for final hearing.
Legal Topics
Conspiracy, Breach of Fiduciary Duty, Ratification, Estoppel, Quantum of Damages, Claims Handling Fees, Profit Commission, Recoverability of Internal Costs
Commercial Law Insurance Law Civil Procedure Conspiracy Breach of Fiduciary Duty Ratification Estoppel Quantum of Damages +3 more

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Parties

R+V Versicherung AG

Claimant

Risk Insurance and Reinsurance Solutions SA & Others

Defendants

Procedural Posture

Commercial Court Quantum Determination Following Liability Judgment / Post Liability, Preliminary Quantum Issues Hearing

Legal Issues

  1. 1 Recoverability of the 40% Deduction as damages for conspiracy
  2. 2 Effect of ratification and estoppel on quantum
  3. 3 Entitlement to claims handling fees

Ratio Decidendi

Risk is estopped and/or precluded by abuse of process from disputing R+V's entitlement to recover the full 40% Deduction as damages for conspiracy. Claims handling fees are only payable for claims actually handled by Risk. Profit commission must be calculated after deduction of all commissions and fees payable to Risk. Internal management and staff time spent investigating and mitigating the conspiracy is recoverable in principle as damages, subject to quantification.

Court Disposition

Preliminary issues determined in favour of R+V; Risk precluded from disputing recoverability of 40% Deduction; other quantum issues clarified for final hearing.

Orders

  • Risk must account for and repay the 40% Deduction received to date.
  • Claims handling fees only payable for claims actually handled by Risk.