AXA SA v Genworth Financial International Holdings, Inc. & Ors

AXA SA v Genworth Financial International Holdings, Inc. & Ors

Genworth's Part 20 Claim is an abuse of the declaratory form of relief, as it seeks to force litigation between FICL/FACL and Santander regarding PPI mis-selling liabilities without legitimate interest and in contravention of established principles of subrogation and arbitration. The pleadings are demurrable or embarrassing, and Genworth cannot require FICL/FACL and Santander to litigate inter se before making payment under clause 10.8 of the SPA. The Part 20 Claim is struck out in its entirety.

Parties
Claimant: AXA S. A.; Defendant / Part 20 Claimant: Genworth Financial International Holdings, Inc.; Defendant / Part 20 Claimant: Genworth Financial, Inc.; Part 20 Defendant: Financial Insurance Company Limited; Part 20 Defendant: Financial Assurance Company Limited; Part 20 Defendant: Santander Cards UK Limited; Part 20 Defendant: Santander Insurance Services UK Limited
Jurisdiction
England and Wales
Judgment Date
01 November 2018
Procedural Posture
Commercial Claim and Part 20 Claim / Ruling on Applications to Strike Out, Dismiss, or Stay Part 20 Claim
Outcome
Part 20 Claim struck out in its entirety; paragraphs 10 and 11 of Defence and Counterclaim (except first sentence of paragraph 10) struck out.
Legal Topics
Declaratory Relief, Subrogation, Indemnity, Strike Out Applications, Summary Judgment, Arbitration Agreements
Contract Law Insurance Law Civil Procedure Declaratory Relief Subrogation Indemnity Strike Out Applications Summary Judgment +1 more

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Parties

AXA S. A.

Claimant

Genworth Financial International Holdings, Inc.

Defendant / Part 20 Claimant

Genworth Financial, Inc.

Defendant / Part 20 Claimant

Financial Insurance Company Limited

Part 20 Defendant

Financial Assurance Company Limited

Part 20 Defendant

Santander Cards UK Limited

Part 20 Defendant

Santander Insurance Services UK Limited

Part 20 Defendant

Procedural Posture

Commercial Claim and Part 20 Claim / Ruling on Applications to Strike Out, Dismiss, or Stay Part 20 Claim

Legal Issues

  1. 1 Whether Genworth's Part 20 Claim for declaratory relief is an abuse of process
  2. 2 Whether Genworth has a legitimate interest to seek declarations regarding the legal relationship between FICL/FACL and Santander
  3. 3 Whether the Part 20 Claim should be struck out, summarily dismissed, or stayed

Ratio Decidendi

Genworth's Part 20 Claim is an abuse of the declaratory form of relief, as it seeks to force litigation between FICL/FACL and Santander regarding PPI mis-selling liabilities without legitimate interest and in contravention of established principles of subrogation and arbitration. The pleadings are demurrable or embarrassing, and Genworth cannot require FICL/FACL and Santander to litigate inter se before making payment under clause 10.8 of the SPA. The Part 20 Claim is struck out in its entirety.

Court Disposition

Part 20 Claim struck out in its entirety; paragraphs 10 and 11 of Defence and Counterclaim (except first sentence of paragraph 10) struck out.

Orders

  • Genworth's Part 20 Claim is struck out in its entirety.
  • Paragraphs 10 and 11 of Defence and Counterclaim in the main claim, apart from the first sentence of paragraph 10, are struck out.