Feasey v Sun Life Assurance Company of Canada & Ors [2003] EWCA Civ 1106 (26 June 2003)

Feasey v Sun Life Assurance Company of Canada & Ors [2003] EWCA Civ 1106 (26 June 2003)

The appeal is dismissed. Costs are apportioned according to participation and success in the appeal and cross-appeal. The Syndicate is limited to costs of a noting brief due to non-participation in the substantive appeal. An interim payment of £100,000 is ordered. Leave to appeal must be sought from the House of Lords, with an indication that the case is important and difficult.

Citation
[2003] EWCA Civ 1106
Parties
Claimant/appellant: Anthony Feasey; Defendant/respondent: Sun Life Assurance Company of Canada; Defendant/respondent: Phoenix Home Life Mutual Insurance Company; Interested Party: Steamship Mutual Underwriting Association (Bermuda) Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2003
Procedural Posture
Civil Appeal / Post Judgment Ruling on Costs and Interim Payment
Outcome
Appeal dismissed
Legal Topics
Costs, Interim Payments, Appeals, Misrepresentation, Party Attendance
Civil Procedure Insurance Law Costs Interim Payments Appeals Misrepresentation Party Attendance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Feasey

Claimant/appellant

Sun Life Assurance Company of Canada

Defendant/respondent

Phoenix Home Life Mutual Insurance Company

Defendant/respondent

Steamship Mutual Underwriting Association (Bermuda) Limited

Interested Party

Procedural Posture

Civil Appeal / Post Judgment Ruling on Costs and Interim Payment

Legal Issues

  1. 1 Entitlement and apportionment of costs on appeal
  2. 2 Appropriateness of interim payment
  3. 3 Costs consequences of abandoned issues

Ratio Decidendi

The appeal is dismissed. Costs are apportioned according to participation and success in the appeal and cross-appeal. The Syndicate is limited to costs of a noting brief due to non-participation in the substantive appeal. An interim payment of £100,000 is ordered. Leave to appeal must be sought from the House of Lords, with an indication that the case is important and difficult.

Court Disposition

Appeal dismissed

Orders

  • Syndicate to pay Steamship's costs of the appeal, subject to detailed assessment
  • Sun Life to pay the Syndicate the costs the Syndicate have to bear in the appeal affecting Steamship