R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors

R & V Versicherung AG v Risk Insurance & Reinsurance Solutions SA & Ors

The applications for permission to appeal were refused because the findings of dishonesty and conspiracy were amply supported by evidence, the ratification and net loss arguments were either not properly raised, were estopped, or had no real prospect of success, all defendants were properly treated as liable, the assessment of damages was justified, and the striking out of the defence for non-payment of costs was a proper exercise of discretion. Only the issue of whether R+V could be subject to contempt proceedings for alleged witness interference was arguable and permission to appeal was granted solely on that point.

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 Judgments/orders of the Commercial Court
Outcome
Applications for permission to appeal refused except for permission on the contempt of court issue against R+V.
Legal Topics
Conspiracy to Defraud, Agency, Contract Termination, Ratification, Damages Assessment, Contempt of Court, Costs and Security for Costs
Commercial Law Tort Law Civil Procedure Conspiracy to Defraud Agency Contract Termination Ratification Damages Assessment +2 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 Judgments/orders of the Commercial Court

Legal Issues

  1. 1 Whether findings of dishonesty and conspiracy to defraud were justified against Risk and its principals
  2. 2 Whether R+V's termination of the binders amounted to ratification and precluded liability
  3. 3 Whether the second and third defendants were properly found liable

Ratio Decidendi

The applications for permission to appeal were refused because the findings of dishonesty and conspiracy were amply supported by evidence, the ratification and net loss arguments were either not properly raised, were estopped, or had no real prospect of success, all defendants were properly treated as liable, the assessment of damages was justified, and the striking out of the defence for non-payment of costs was a proper exercise of discretion. Only the issue of whether R+V could be subject to contempt proceedings for alleged witness interference was arguable and permission to appeal was granted solely on that point.

Court Disposition

Applications for permission to appeal refused except for permission on the contempt of court issue against R+V.

Orders

  • All applications for permission to appeal refused except for the issue of contempt of court against R+V.
  • Quantum of security for costs and any costs condition to be determined.