X Y Z v Various companies (PIP Breast Implant Litigation)

X Y Z v Various companies (PIP Breast Implant Litigation)

The court has no jurisdiction under CPR 18 to order disclosure of insurance details as they are not matters in dispute. However, under CPR 3.1(2)(m), the court may order Transform to provide a witness statement to the court confirming whether it has adequate insurance to fund participation in the litigation to trial and appeal, as this affects case management and allocation of court resources.

Parties
Claimants: X Y Z; Defendants: Various
Jurisdiction
England and Wales
Judgment Date
22 November 2013
Procedural Posture
Group Litigation Order (glo) / Interlocutory Application Ruling
Outcome
Application partly allowed
Legal Topics
Disclosure of Insurance, Case Management, Supply of Goods and Services, Sale of Goods, Financial Position of Parties
Civil Procedure Product Liability Contract Law Disclosure of Insurance Case Management Supply of Goods and Services Sale of Goods Financial Position of Parties

Case Brief

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Parties

X Y Z

Claimants

Various

Defendants

Procedural Posture

Group Litigation Order (glo) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to order disclosure of insurance details under CPR 18 or CPR 3.1(2)(m)
  2. 2 Whether Transform Medical Group must disclose the nature and extent of its liability insurance cover

Ratio Decidendi

The court has no jurisdiction under CPR 18 to order disclosure of insurance details as they are not matters in dispute. However, under CPR 3.1(2)(m), the court may order Transform to provide a witness statement to the court confirming whether it has adequate insurance to fund participation in the litigation to trial and appeal, as this affects case management and allocation of court resources.

Court Disposition

Application partly allowed

Orders

  • Transform to provide to the court a witness statement setting out whether it has insurance adequate to fund its participation in the litigation to completion of trial and appeal.
  • Submissions to be heard on the precise wording and from whom the statement should come.