AXA SA v Genworth Financial International Holdings, Inc. & Ors [2018] EWHC 2898 (Comm) (01 November 2018)

AXA SA v Genworth Financial International Holdings, Inc. & Ors [2018] EWHC 2898 (Comm) (01 November 2018)

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 a legitimate interest, prior to payment under clause 10.8 and in breach of the arbitration agreement. The claim is demurrable and embarrassing, and Genworth lacks locus to seek declarations regarding liabilities between parties to contracts to which it is not privy. The Part 20 Claim and relevant paragraphs of the Defence are struck out.

Citation
[2018] EWHC 2898 (Comm)
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 Court Claim and Part 20 Claim / Application to Strike Out/dismiss Part 20 Claim and Parts of Defence
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, Abuse of Process, Indemnity, Arbitration Agreements, Summary Judgment, Strike Out Applications
Contract Insurance Civil Procedure Declaratory Relief Subrogation Abuse of Process Indemnity Arbitration Agreements +2 more

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Court Claim and Part 20 Claim / Application to Strike Out/dismiss Part 20 Claim and Parts of Defence

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 liabilities between FICL/FACL and Santander
  3. 3 Whether the Part 20 Claim should be struck out or dismissed under CPR 3.4(2)(a)/(b) or CPR 24.2

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 a legitimate interest, prior to payment under clause 10.8 and in breach of the arbitration agreement. The claim is demurrable and embarrassing, and Genworth lacks locus to seek declarations regarding liabilities between parties to contracts to which it is not privy. The Part 20 Claim and relevant paragraphs of the Defence are struck out.

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

  • Strike out of Genworth's Part 20 Claim
  • Strike out of paragraphs 10 and 11 of Defence and Counterclaim (except first sentence of paragraph 10)