Curtiss & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee And Zurich Municipal) & Anor [2021] EWHC 1999 (TCC) (16 July 2021)

Curtiss & Ors v Zurich Insurance Plc (t/a Zurich Building Guarantee And Zurich Municipal) & Anor [2021] EWHC 1999 (TCC) (16 July 2021)

Only Issues 54 and 55, relating to staffing levels and assessment of ability to carry out inspections, are approved as Issues for Disclosure for exemplary damages. Model D is the appropriate Disclosure Model. Other proposed issues are rejected as irrelevant, disproportionate, or speculative.

Citation
[2021] EWHC 1999 (TCC)
Parties
Claimant: Angela Denise Curtiss and other Claimants listed in the Schedule to the Claim Form; First Defendant: Zurich Insurance PLC T/A Zurich Building Guarantee and Zurich Municipal; Second Defendant: East West Insurance Company Limited (in administration)
Jurisdiction
England and Wales
Judgment Date
16 July 2021
Procedural Posture
Civil Technology and Construction Court / Case Management Conference Disclosure Issues
Outcome
Disclosure limited to Issues 54 and 55; Model D approved for these issues; other proposed Issues for Disclosure rejected.
Legal Topics
Disclosure, Exemplary Damages, Vicarious Liability, Fraudulent Misrepresentation
Insurance Law Civil Procedure Disclosure Exemplary Damages Vicarious Liability Fraudulent Misrepresentation

Case Brief

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Parties

Angela Denise Curtiss and other Claimants listed in the Schedule to the Claim Form

Claimant

Zurich Insurance PLC T/A Zurich Building Guarantee and Zurich Municipal

First Defendant

East West Insurance Company Limited (in administration)

Second Defendant

Procedural Posture

Civil Technology and Construction Court / Case Management Conference Disclosure Issues

Legal Issues

  1. 1 Whether disclosure should be ordered on issues relating to exemplary damages against Zurich Insurance PLC
  2. 2 Identification of proper Issues for Disclosure under PD 51U
  3. 3 Appropriate Disclosure Model for staffing and inspection issues

Ratio Decidendi

Only Issues 54 and 55, relating to staffing levels and assessment of ability to carry out inspections, are approved as Issues for Disclosure for exemplary damages. Model D is the appropriate Disclosure Model. Other proposed issues are rejected as irrelevant, disproportionate, or speculative.

Court Disposition

Disclosure limited to Issues 54 and 55; Model D approved for these issues; other proposed Issues for Disclosure rejected.

Orders

  • Extended Disclosure ordered on Issues 54 and 55 under Model D.
  • No Extended Disclosure on Issues 51, 52, 53, 56, 57, 58, 59, 60, 61, 62.