X Y Z v Various companies (PIP Breast Implant Litigation) [2013] EWHC 3643 (QB) (22 November 2013)

X Y Z v Various companies (PIP Breast Implant Litigation) [2013] EWHC 3643 (QB) (22 November 2013)

The court has no jurisdiction under CPR Part 18 to order disclosure of a defendant's insurance position as it is not a matter in dispute in the proceedings. However, under CPR 3.1(2)(m), the court may order Transform to provide a witness statement to the court (not to the claimants) confirming whether it has adequate insurance to fund its participation in the litigation to trial and appeal, as this information is necessary for effective case management.

Citation
[2013] EWHC 3643
Parties
Claimants: X Y Z; Defendants: Various
Jurisdiction
England and Wales
Judgment Date
22 November 2013
Procedural Posture
Group Litigation Order (glo) Product Liability / Interlocutory Application for Disclosure of Insurance Information
Outcome
Application granted in part; refused in part.
Legal Topics
Disclosure of Insurance, Case Management Powers, Implied Terms as to Quality, Financial Position of Parties, CPR Part 18, CPR 3.1(2)(m)
Civil Procedure Product Liability Contract Law Disclosure of Insurance Case Management Powers Implied Terms as to Quality Financial Position of Parties CPR Part 18 +1 more

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Parties

X Y Z

Claimants

Various

Defendants

Procedural Posture

Group Litigation Order (glo) Product Liability / Interlocutory Application for Disclosure of Insurance Information

Legal Issues

  1. 1 Whether the court has jurisdiction to order disclosure of a defendant's insurance position under CPR Part 18 or CPR 3.1(2)(m)
  2. 2 Whether Transform must provide information about its insurance cover to claimants for case management purposes

Ratio Decidendi

The court has no jurisdiction under CPR Part 18 to order disclosure of a defendant's insurance position as it is not a matter in dispute in the proceedings. However, under CPR 3.1(2)(m), the court may order Transform to provide a witness statement to the court (not to the claimants) confirming whether it has adequate insurance to fund its participation in the litigation to trial and appeal, as this information is necessary for effective case management.

Court Disposition

Application granted in part; refused in part.

Orders

  • Transform to provide to the court a witness statement setting out whether it has adequate insurance to fund its participation in the litigation to the completion of trial and any appeal.
  • No order for disclosure of insurance details to claimants under CPR Part 18.