R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors [2007] EWCA Civ 807 (30 July 2007)

R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors [2007] EWCA Civ 807 (30 July 2007)

Findings of dishonesty and conspiracy to defraud were justified based on evidence and trial conduct; ratification arguments and quantum challenges were barred by issue estoppel and prior concessions; all defendants were properly liable due to trial conduct and absence of timely objection; expense assessments and strike-out for non-payment of costs were within judicial discretion; only contempt jurisdiction against R+V was arguably appealable.

Citation
[2007] EWCA Civ 807
Parties
Respondent/claimant: R & V Versicherung AG; Appellant/defendant: Risk Insurance & Reinsurance Solutions SA; Appellant/defendant: Reass France SARL; Appellant/defendant: Reass SARL; Appellant/defendant: Risk Insurance & Reinsurance Solutions Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2007
Procedural Posture
Civil Appeal / Applications for Permission to Appeal From Commercial Court Judgments
Outcome
All applications for permission to appeal refused except for contempt jurisdiction against R+V; further directions on security for costs and conditions pending.
Legal Topics
Conspiracy to Defraud, Ratification, Quantum of Damages, Contempt of Court, Contractual Liability, Issue Estoppel
Commercial Law Insurance Law Civil Procedure Conspiracy to Defraud Ratification Quantum of Damages Contempt of Court Contractual Liability +1 more

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Parties

R & V Versicherung AG

Respondent/claimant

Risk Insurance & Reinsurance Solutions SA

Appellant/defendant

Reass France SARL

Appellant/defendant

Reass SARL

Appellant/defendant

Risk Insurance & Reinsurance Solutions Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Applications for Permission to Appeal From Commercial Court Judgments

Legal Issues

  1. 1 Whether findings of dishonesty and conspiracy to defraud were justified
  2. 2 Whether ratification of contracts affected liability or quantum
  3. 3 Whether all defendants were properly liable

Ratio Decidendi

Findings of dishonesty and conspiracy to defraud were justified based on evidence and trial conduct; ratification arguments and quantum challenges were barred by issue estoppel and prior concessions; all defendants were properly liable due to trial conduct and absence of timely objection; expense assessments and strike-out for non-payment of costs were within judicial discretion; only contempt jurisdiction against R+V was arguably appealable.

Court Disposition

All applications for permission to appeal refused except for contempt jurisdiction against R+V; further directions on security for costs and conditions pending.

Orders

  • Permission to appeal refused for dishonesty, ratification, quantum, and liability issues.
  • Permission to appeal granted only for contempt jurisdiction against R+V.